At the last city council meeting, the city council voted to create yet another Ad Hoc Committee to study “Short Term Rentals”, but only on Newport Island. Making law specific to a certain region or certain people has been repeatedly deemed unconstitutional (a violation of the Equal Protections Clause, as interpreted by the Supreme Court), as everyone is supposed to be governed by the same laws.
However, as a favorite quote from one reader put it: “The Constitution is not an automatic document, it’s a manual– you have to make it work for you.”
Thus, the council passed this new creation of a new bureaucratic tool whose sole intent is clear: to advocate for new laws to violate the property rights of homeowners.
This writer spoke out at the meeting, indicating displeasure at the Constitutional violations as well as the property rights violations. Seemingly prepared for these comments, Councilwoman Diane Dixon of Newport Beach (who has announced that she will run for Assembly– and is also attempting to gather support to run for Orange County Board of Supervisors) quickly called upon the City Attorney, asking him to clarify that this was definitely not a violation of property rights.
Unsurprisingly, the city attorney– who serves at the pleasure of the council– declared that what the council was doing was not illegal in his opinion, and that preventing people from doing what they want with their own property is somehow not violating property rights. This statement by the city attorney at the request of Newport Beach’s Diane Dixon is a self-obviated-falsehood, and a comical representation of how a city council and the city attorney should behave.
If you have own property– from a notebook to a piece of land– you own that fully by default, and can do what you want with it, by default. If the government tells you what you can or cannot do with that property, then that begins the dismantling of your property rights. It is clear and obvious and doesn’t require a law degree to see that this is plainly the case.
People have the right to do whatever they want with their own property, and declaring a “right” to be a “permit” instead does not change the fact that they have property rights that are being violated by government.
As Councilwoman Diane Dixon led the City Council down the pathway for additional property rights violations, the question remains: Why?
Recently, a YouTube group known as the “NELK BOYS” moved onto Newport Island, finding an admittedly great deal on a unit. They have thrown parties on the small island and generally upset the residents of the quiet neighborhood with traffic and noise. Instead of citing them for noise violations or any other activity that is actually illegal, the council– in a kneejerk reaction– has decided to go after property owners instead.
The NELK BOYS are known for doing extreme pranks, some hilarious and some highly questionable. They have had their YouTube account suspended, demonetized, and currently their account is on “Final Warning” status with YouTube itself, meaning just one more violation could get their channel permanently banned. As the NELK BOYS make most of their money from merchandise sales and their “FULLSEND” gear, it is tempting to treat YouTube as an unnecessary hassle– but it is YouTube itself that drives the interest in their merch sales, and an account ban could cost them serious money.
Many thanks to the single vote against the property violations– Noah Blom.