There is currently a chilling story in the national news about the targeting of Catherine Engelbrecht, who started two Tea Party organizations in Texas, It is not a story we would have expected to hear in the United States of America, a few short years ago. Ms Englebrecht started an organization called True The Vote, after volunteering at the ballot box and becoming dismayed at the voter fraud that she witnessed .When Catherine Engelbrecht applied for non-profit status she became the target of four federal government agencies- not merely the IRS and was also attacked by members of the United States Congress.
You can read Catherine Engelbrecht's story HERE- It is very reccommended. This is the kind of story that the left attempts to dismiss with the phrase "conspiracy theory" as if conspiracies could not actually exist and so the phrase is expected to be taken as a synomyn of "nut job"- but in fact conspiracies do exist, and to believe that they do not requires extreme naivety.
So with that introduction, I now relay my own story about what happened to me when I went to the Boothbay Town Office and asked for an application to do a business under a unique name (DBA).
Instead of simply being handed the application, which it turns out is as simple a form that one can ever expect to find, I was interrogated about what my business was and in about two minutes I was told that I was conducting a business in the home and sent to another window, where once again I requested the DBA form.
At that point I was told that I would have to attend a Planning Board meeting to get approval to do a business in the home. When I said that our address is already zoned as a business in the home which has been in existence since 1958, the only comment was that we are grandfathered but still insisted that I must attend a planning board meeting and get permission to conduct a business in the home.
I could not believe what I was hearing. My business is not even a business yet and may never become one. I am just at the trial run stages and needed a unique name to give my idea its own brand. I do not yet know if there will be enough response to my idea to go ahead with actually doing the business and I hadn't had a chance at that point to think through the questions for which the answers were being dictated to me by the Town Office, which, during the entire conversation had not even asked for my name or address, not even when I mentioned that we are already zoned for a business in the home.
So I sent an email to the Town Clerk , saying that I believed I was being given mis-information, but if that were not the case, I requested the ordinances that authorizes the Town to make such demands.
I also contacted a lawyer who sent me this response:
"I talked with the Town Clerk in Harpswell who says the only reason you have to check with the Codes Enforcement Officer before registering with the Town Clerk is to confirm you have an actual operating business. Since you already do, and it has been there a long time, you should not have to go to the Planning Board. You are simply adding an additional activity that will not involve traffic or customers coming. You are being given inaccurate direction.However, the lawyer whom I contacted did not know the Boothbay ordinances. Ordinarily one expects that a Town Planning Board regulates only that which affects the neighborhood and does not regulate activities that take place in the privacy of one's home, which have no or little impact on the neighborhood, but at some point in time, an ordinance was created by the Town of Boothbay to authorize the Town Planning Board to regulate activities that take place in the privacy of one's home which have minimal or no impact on the neighbor hood.
Town Of Boothbay Ordinances That Target The Micro EconomyHome Occupation: Any activity performed for pecuniary gain in a dwelling unit, or other structure accessory to a dwelling unit, or directed from a dwelling unit by one or more residents of that dwelling unit that conforms to all requirements of this Ordinance.
Home Occupation, Homemaker/Office: Occupations including, but not limited to, computer/fax/typewriter worker, investor advice and service, tele-communicator, and dressmaker, that are conducted solely by occupants of the dwelling, have minimal customer traffic and use no process or equipment that could alter the residential character of the property or adversely affect neighboring property owners
Home Occupation, Other: All occupations, including Day Care not included in Home Occupation, Homemaker/Office.
I was told by email not to worry, I would not have to attend a Town Planning Board meeting, they could just process my application at the office.The application was included in the email.
I clicked on the application to find that the first thing it says is that I or a representative must attend the Town Planning Board meeting, after submitting eight copies of the application three weeks in advance.
I wrote back and said that I was told I would not have to attend the Town Planning Board meeting but the applications says that I do. I was once again told not to worry, the Town only uses that application because it is the only one they have!
In other words , there is an ordinance in Boothbay that authorizes the Town Planning Board to regulate any activity taking place in the privacy of the home that produces any level of income BUT the town is completely unprepared to enforce this regulation by having an application appropriate to it on hand! Why is that? Does not this indicate that the ordinance is not intended to be generally enforced ? Everything about the Town policies regarding the non-impacting ordinances suggests that they are neither expected to be enforced nor expected to be general public knowlege. If the ordinances were intended to be generally enforced, there would be an application appropriate to the circumstance in place and the Town Planning board would have to meet a lot more frequently than merely once a month !
The application that I received looked like a re-application for zoning to do business in the home. It asked for the type of information that is overkill for someone doing a lawn sale, baking a cake, knitting a hat, or using their computer in their own home to make an income. It is just plain incredulous to believe that someone applying for permission for such occupations would be handed the application that I was being asked to sign - as I was being told not to worry about what the legal document that I was being asked to sign actually says! However consistent with the ordinances that I was sent in response to my request, this would have to be the case if such laws are being generally applied- the same as for one as for all.
I did not sign the application on three grounds:
First because I understand that one is bound to the written terms of a legal document which one signs.
Secondly, because I had no way of knowing that re-applying for zoning to do a business in a home would not negate our grandfathered zoning to do business in a home.
Thirdly because the business that I want to start will not be doing any business functions in the home and in fact does not yet exist, and may not ever exist if the trial run does not succeed.
After about a week , I finally received the DBA.
AND NOW THE CONSPIRACY THEORY!
Who would want to regulate the micro-economy of Boothbay in such a way and to what purpose? What are the potential uses of the non-impacting ordinances and whom do they benefit?
Lets take a look at our near by neighbor, the little town of MRRA
In 2005, The township of MRRA was chartered by our state legislature as "a municipal corporation" serving as "an instrumentality of the state"- a legal impossibility- but an insignificant detail in the eyes of the Maine state legislature- as insignificant as is the Maine State Constitution in the eyes of the Maine state legislature, which, took it upon them selves in 1981, to write a statute designed to do an end run of Article IV Part Third Section 14 of the Maine State Constitution, prohibiting the legislature from chartering corporations by special act of legislation with an exception for "municipal purposes" and if the "object of the corporation cannot be acheived another way"
No problem. The Maine State Legislature passed a statute that defined a corporation that serves state purposes as NOT a corporation" -this in accordance with the legal interpretation of the Secretary of State- who serves the Administrative branch of government and not the Judicial branch of government, which is the branch of government granted with the authority to interpret the law.
This new statute was transparently tailored for the newly chartered the Maine Development Foundation- a non-profit corporation chartered by the state legislature with the "object" of centrally managing the state's economy. One might argue that the object of centrally managing the states economy cannot be achieved any other way than by creating the massive network of corporations serving as "instrumentalities of the state", which exists today" - but if the legislature really believed that, then why would the legislature need to pass a statute that says a corporation is not a corporation if it serves as an instrumentality of the state? - AND- even more importantly, what would then be the purpose of Article IV Part Third Section 14 of the Maine State Constitution- which is clearly and arguably intended to prohibit the legislature from chartering corporations that serve state purposes?
Conspiracy Theory #1
In 1981 the Maine State Legislature conspired to get around Article IV Part Third Section 14 of the Maine State Constitution by passing a statute that says that if a corporation serves as an instrumentality of the state, then it is not a corporation.
Article IV Part Third Section 14of the Maine StateConstitution
Corporations, formed under general laws.Corporations shall be formed under general laws, and shall not be created by special Acts of the Legislature, except for municipal purposes, and in cases where the objects of the corporation cannot otherwise be attained; and, however formed, they shall forever be subject to the general laws of the State..
The Statute Created by The Legislature:The MaineNon-Profit Corporation Act
Definitions A. Corporation. Title 13-B Section 102(4) defines the term “Corporation” as used in the Maine Nonprofit Corporation Act. Certain entities are excluded from the definition. Among the exclusions are “an instrumentality, agency, political subdivision or body politic and corporate of the State.” The Secretary of State interprets that phrase to mean an administrative unit or corporate outgrowth of State, county or local government created by statute, order, resolution, ordinance or articles of incorporation to perform functions traditionally associated with government activities. By way of example, entities, which will be considered excluded from the definition of corporation, include, but are not limited to:...............readmore
The Correct Way to Amend the Constitution:
Section 15. Constitutional conventions. The Legislature shall, by a 2/3 concurrent vote of both branches, have the power to call constitutional conventions, for the purpose of amending this Constitution.
So getting back to the little town of MRRA, a town which has gold flowing through it like a river streaming from the pockets and bank accounts of Maine and United States taxpayers. The letters MRRA stand so modestly for the Midcoast Regional Redevelopment Corporation, but all of the tax payer dollars flowing into the township of MRRA seem to be invested within the geographical boundaries of the municipality of MRRA.
And so one might ask - in what way does the little town of MRRA conceive itself to be the redevelopment authority of Midcoast Maine? - And by the way- did the the town of MRRA ask the rest of Midcoast Maine for their consent to be redeveloped by the town of MRRA, which is a town governed not by the consent of its own inhabitants but by an unelected board appointed by the state- other wise known as tzars ?
The Town of MRRA is somewhat like a Kings Court for the governing elite of Maine State Inc. Every Kings Court needs it's Garden of Versailles - No? What better location for the playground of the super rich than the lovely Boothbay Peninsula just 45 minutes a way and like a little world of its own surrounded by the ocean? Why should the Boothbay Peninsula be wasted on ordinary middle class folk and not used for the benefit of the tzars of the MRRA? How do we get the current population to leave? You know- the grayest town in the grayest country in the grayest state? Why they don't need that hospital do they? Who can we buy off? And how do we get rid of those people making middle class incomes so that we can move our kind in ? How about the ordinances? Who can we work with on the peninsula to help achieve the redevelopment we have in mind for it?
Now There's a Conspiracy Theory! I know I'm not the only one thinking it! Beware the unconstitutional township of MRRA!
Historical character traits of those that believe them selves to be a master class, superior to others, and showered with unearned money and unwarranted power.