Proposed Amendment: Freedom by Default

The following charter amendment was proposed by Karl Uppiano of Ferndale, district 3, at the January 26 Charter Review Commission Meeting.

Background

Government of the people, by the people, for the people, derives its just power from the people, and not the reverse! However, there is an openly spoken sentiment in the halls of Whatcom County Government that proclaims, “If it isn't permitted, then it isn’t permitted”. Meaning that if you have not obtained a permit to do something, then you do not have permission to do it. This is the antithesis of what it means to live in a free country, where the people are at liberty to pursue happiness and a livelihood, subject to just a few well known, well understood and easily justified restrictions.

This is not only theoretical. The language in question is embodied in the Whatcom County zoning ordinances, and I believe the Whatcom County Charter is the appropriate place to avert this oppressive disposition.

Recommendation

I propose adding language to the Whatcom County Charter, Section 1.11, to the effect,

unless there is a specific law prohibiting a specific activity, citizens retain the right to act on their property at will.

This is formally similar to the Tenth Amendment to the Constitution of the United States.