Virginia County Ignoring Constitution? Seeks To Limit Gatherings In Private Homes

The First Amendment is again under attack. This time, it is by Fairfax County, Virginia, officials seeking to limit citizens’ right to Freedom of Assembly, by banning “frequent and large gatherings at neighborhood homes.”

The home gathering limit proposal is causing quite an uproar, both within the community and among groups who value Constitutionally-secured freedom.

The proposed ordinance seeks to address concerns over “parking, noise, and other concerns for the neighborhood” because the county is concerned that large gatherings in private homes “can detract from the residential nature of a neighborhood.” The website for Fairfax County cites their reasoning: “Over the last several years, there have been complaints from residents regarding frequent large gatherings at neighborhood homes.”

How many complaints? Six.

According to Supervisor Pat Herrity, there have been six complaints in the past year about gatherings in private homes. He says that the number of complaints has not “even reached one percent of the thousands of complaints our Department of Code Compliance investigates a year.”

Matthew Clark points out in RedState.com that these six complaints regarding large gatherings in homes are in Virginia’s most populous county.” He goes on to say: “Because six people complained, the county is poised to violate the right to free speech, the right to religious expression, and the right to freedom of assembly.”

County officials apparently believe that it is their role to define what makes a neighborhood acceptable: “It is recommended that language be added to the Zoning Ordinance to define what is a permissible ‘group assembly,'” as they seek to restrict residents to “acceptable” home gatherings.

Perhaps they have forgotten that the First Amendment of the United States Constitution states:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

According to the home gathering zoning ordinance draft, no more than “(49) people in one day” shall be permitted in a home. Any such home gathering exceeding that number will be limited to three times during any 40 day period. The ramifications of this proposal are chilling.

Think family reunions, birthday parties, football parties, scouting organizations, social clubs that meet in homes, Bible studies, and the list goes on. The rule would not limit home gatherings to less than 50 people at any one time. It actually states “in one day.” Even real estate agents are concerned about the chilling effect on open houses and home showings.

Any homeowner found to have more than 49 people not just gathering at one time, but coming into their home over the course of an entire day would be guilty of violating this home gathering ordinance if it happens more than three times in just over six weeks. The neighborhood Kool-Aid mom could conceivably get into big trouble here.

“I believe the county is risking a lawsuit and/or a Constitution challenge by interfering with people’s’ right to assemble,” Supervisor Herrity said in a statement made to Watchdog.org. “We should be focusing on dealing with the issues and not restricting groups’ rights to assemble.”

The county’s plan is “nefarious,” according to John Whitehead, an attorney and president of the civil-libertarian Rutherford Institute, who responded to the the home gathering proposal in an interview with Watchdog :

“Broad enactments like these have governments assuming that private property is their property. If you can’t determine what goes on at your own residence, you have surrendered your rights. The Constitution is founded on property rights.”

The proposal by Fairfax County is reflective of a deeper issue that appears all too frequently — that of government making more and more laws, and laws that violate more freedoms, to combat problems, when they already have a number of tools at their disposal. It is reminiscent of states creating new laws to criminalize pregnant women who are on drugs, rather than utilizing the existing laws against illicit drugs. The Inquisitr recently reported that the state of Tennessee did just that.

Along those same lines, Matthew Clark writes:

“The county has plenty of tools in its arsenal to combat any actual problem without violating the constitutional rights of its citizenry.

“If they park illegally, tow the cars. If they cause a noise violation, issue them a warning or citation. If they litter, ticket them. If they trespass or damage property, arrest them.

“But don’t violate my precious First Amendment rights to prevent something I’m not doing and can easily be remedied in any of the above ways.”

It is worth noting that Adolf Hitler’s Nazi regime also placed limits on gatherings in private homes in the early days of his reign in preparation for his “racial purification,” and the Holocaust. The limits were part of the Reichstag Fire Decree, along with limits on free speech and the press.

There will be a series of public hearings on the proposed limits on home gatherings, to be held on May 7, 12, and 19, to hear from county residents. It is hoped that there will be enough Fairfax County residents who care about Constitutional liberty that will attend.

What do you think? Is the county overstepping its Constitutional bounds with their proposed limits on gatherings in private homes?