Murphy: You have proven my point about government interference and when you look at the laws passed by Congress and examine them closely you will find they are nearly all unconstitutional being either bills of attainder or ex post facto. Bills of attainder are laws directed at individuals or groups which the framers prohibited therefor requiring all laws to be applicable to everyone. You will recall the flap several years ago when people complained about the Congress exempting themselves from certain provisions of laws. Well these same favors are being done daily in the tax code and now the Executive has started selectively applying or not apply these to suit those who contribute to their campaigns or not.
I just wish I could think of a way to create an incentive for planners to provide more variances and waivers. The threat of a lawsuit is always present when the Board of Adjustment reviews cases. People with the resources to hire ambitious attorneys often get what they want while the guy trying to get a permit to open a coffee shack gets denied essentially because he is no threat to the planner's livelihood. Is the legal system the problem or our lack of creativity when it comes to Unified Development Ordinances or the fact that you rarely have to worry about finding a seat at a town meeting?
Government is constituted to protect the lives, liberties and property of the citizens that created it. That government is obligated to create laws and regulations that enables it to carry out this charge. The government has no power to stop anyone from engaging in any business or imposing regulations other than those to reduce risks not readily apparent to the average individual. An example of the latter is a requirement to keep fresh meat refrigerated. They cannot however, impose a requirement of providing ramps to accommodate people in wheelchairs. This is a bill of attainder or law targeted at a special group or individual and is therefore prohibited by our constitution.
In essence we have morphed into a democracy where the mob rules and the mob doesn't even have to be 51% only a sufficient number the politician feels he must pander to in order to insure election.