Thursday, July 10, 2008

Ken Krawchuk: Come watch as Abington Township violates the Constitution again


Abington Township is violating the Pennsylvania Constitution again, and (for some inexplicable reason) wants to talk with me about it -- in District Court! Come watch the fun next Wednesday morning, July 16th, at 9:15 AM in District Court 38-1-05, 875 N. Easton Rd., Glenside Penna. 19038.

What's it all about? Article 1 Section 1 of the Pennsylvania Constitution plainly states that citizens have "certain inherent and indefeasible rights", including "acquiring, possessing and protecting property". Furthermore, Section 25 affirms that those rights "shall forever remain inviolate".

Yeah, right. "Forever" has apparently come and gone, because Abington Township Ordinance 1760 flatly denies citizens the right to possess certain kinds of property; specifically, an operable car sitting in your driveway. The Ordinance unconstitutionally claims that a citizen is not "permitted to have any motor vehicle which is not currently registered, not currently inspected, not currently insured, and is not capable of being legally operated on a public street." Isn't your motor vehicle your "property"? Can't you keep your own car in your own driveway?

And the ordinance is not just unconstitutional, it's also illegal: state law explicitly forbids any municipality from enforcing its own vehicle laws, specifically, 75 Pa.C.S.6301, which says that all "prosecutions under local ordinances [are] superseded by title [75]".

There are other aspects to their official repression, but let me save a few surprises for Wednesday. Suffice it to say I want that Ordinance declared unconstitutional, I want monetary damages for their hassling me in the first place, and it's long past time to take whatever legal steps are necessary to remove from office any judge,
commissioner, or township staffer who has violated their solemn oath to uphold the Constitution. Enough is enough!

It'll be fun. Hope to see you there.


Anonymous said...

John K: You got a case.

Anonymous said...

I'd like to know the outcome. I was unable to attend. Hope all went well.