Friday, July 05, 2013

Spiritual Counselor's Challenge To Fortune Telling Ordinance Dismissed On Ripeness Grounds

In Davis v. City of Selma, (ED CA, July 2, 2013), a California federal district court dismissed on ripeness grounds various challenges to the city of Selma, California's ordinance which requires "Fortune Tellers" to obtain a license in order to provide services within the city.  Plaintiff, a spiritual counselor, initially sought a business license under the Selma Municipal Code ("S.M.C."), but never completed the application process because it was too restrictive.  Instead she sued claiming violations of her rights under the 1st and 14th Amendments and RLUIPA. Dismissing plaintiff's claims, the court said in part:
Plaintiff has not shown intent or a concrete plan to violate the S.M.C., Plaintiff has not been subject to a threat of enforcement, nor has the S.M.C. ever been enforced against anyone that the Court has been made aware of.