...But the older I get, the less certain things seem to make sense. We all make
certain assumptions about things. Recently, I came up with a question I just
couldn't answer, not even with my assumptions.
This is the part where I get sentimental.
I finally took to task the question of whether dance permits are actually
legal. Now some of you have moved on to bigger and better questions, but I
don't think I can really do that until I can understand what the status is, and
why.
My assumptions were "of course they're legal, otherwise they wouldn't be
law." But on what grounds are they legal? Questions of constitutionality came
to my mind, and I simply am not able to answer them. Not questions of
constitutionality based upon their wording, but because of the actual practice
of requiring permits. Maybe some of you can answer a couple of these questions.
1. It is my understanding that government can limit individual rights so long
as "a legitimate state interest" exists. To that, I ask "What is the compelling
interest to require that people have permission from their local government to
dance?" What is it that seperates dancing from other self-expression such as
participating in a protest, writing, or perhaps laughing during a movie, that
do not require permission?
2. Free expression: This is not expressly written in the constitution but
respected none-the-less as inherent in the 1st amendment. Does it apply to
recreational activities (playing ball in the park, for example), that have no
inherent victim or other harm (drugs, fighting) to society?
3. Do dance permits set a precedent for requiring permits for other
recreational activities such as painting? Keep in mind here, I'm referring to
situations --inside of a privately owned building-- with the owner's consent
and no victim or harm to society.
The answers to these seem like they would be simple, but to me they simply
are not. Via dancing and music and venues which allow us to do this, we've all
been able to self-express in some form or another. What is the justification to
require permission to dance as a form of self-expression, and outright forbid
it in certain forms? (after 2 a.m., in groups, etc) Without a justification,
would dance permits be unconstitutional?
Just thoughts.
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