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Member |
We've been directed to consider an SOB Regs for our County's unincorporated area. I've downloaded TDCAA'S 2 Regs, received copies of TDCAA articles by Harris Co. Attorneys. I've also had the pleasure of visitng with numerous knowledgeable people in many D.A. & C.A. Offices, but am interested in showing our Commissioners' Court that I have left no stone unturned in seeking and acquiring advice and -- likely -- drafting Regs. that lawfully apply to our County and its SOB demographics. Therefore, if there is anyone out there who is interested in establishing a dialogue on this endeavor, I will appreciate hearing from you. As I have told many others, I will not take much of your time; I just want to learn more about this field to give my Commissioners the best advice and/or draft I can. Regards to all. John A. Olson, A.C.A., jaolson_ccda@yahoo.com | ||
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Member |
Been down that road and it definitely is no fun. The regs furnished by TDCAA will form a strong starting point for your purpose. I would suggest working hand in hand with your County Engineer (or whoever else does the subdivision plats) to make sure that the regulations being considered do no completely bar such a business from the County. Most importantly, the commissioners should not adopt the resolution in haste. Make sure that the commissioners court conducts a hearing at which testimony is presented from vice officers (or other law enforcement personnel) familiar with the effects of SOBs on the crime rate and on the surrounding neighborhoods. This will help you later when someone challenges the regulation (which the inevitably will). | |||
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Member |
Been there, wrote those, and will be glad to help any way I can. We don't have a County Engineer, or even a subdivision, just Interstate 20 and US 84 toward Lubbock. It was being seen as an ideal location to catch especially students and truck drivers. We passed one several years ago. THere are SOBs in most counties around us - but not here. Lisa Peterson, CA, Sweetwater | |||
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Member |
The Supreme Court and Fifth Circuit authorities on the sustainability of SOB regulations focus upon whether the regulations are neutral as to the content of the speech regulated and, just as importantly, whether the governmental entity gathered evidence of the deleterious secondary effects of SOBs on surrounding areas to support the necessity of the regulations. This evidence generally takes the form of studies conducted by other cities, counties and local governmental entities. You may or may not choose to commission your own study. If not, you should seek out and obtain studies conducted by other governmental entities (cities like Houston, Dallas and San Antonio all have been to this rodeo before and may be able to provide useful materials). Then present them to the commissioners court for consideration prior to adoption of the regulations. You will have gone a long way toward upholding your regulations which will, as noted above, inevitably be challenged when they're enforced. We, too, have a relatively comprehensive SOB regulatory order, which I'll be glad to provide a copy of, if you want it. Like Lisa, we sing the Interstate blues (we sit at the convergence of two Interstate highways, one of which is I-40 [the successor to the fabled Route 66] and our fair city periodically is referred to as "the truckstop of America"). | |||
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