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> The County issues business licenses for the privilege of doing business … Never mind the issue of ex-cons, the premise that freedom of contract and associati
by gwright 11y ago
> The County issues business licenses for the privilege of doing business …
Never mind the issue of ex-cons, the premise that freedom of contract and association (i.e. gather a group of people to engage in commercial activity) is a “privilege” granted by the government is arguably unconstitutional.
There are reasons to regulate but the default position should be that you have a right to engage in commercial activities and that right should only be restricted via due process (such as the levels of scruitiny employed by the Supreme Court).
- lutorm 11y agoIs the issue not that society agrees to limit your liability in exchange for these businesses doing something beneficial for society? You can argue that you have a right to engage in commercial activities, but I don't think you have a right to escape personal liability for those activities.
- ubernostrum 11y agoYup. A business license is what frees you from personal liability. I don't know of any approach to contracts or personal freedom which suggests society automatically owes zero-personal-liability to everyone without conditions or restrictions attached.
- CamperBob2 11y agoBusiness licenses (in the US) have nothing to do with personal liability. That's what LLCs and other structures are for. A 'business license' just gives you the ability to run a business without being shut down for, well, running a business without a license, as tautological as that sounds. Presumably the idea behind business licensing at the local level is that commercial entities require extra service from the government with regard to code enforcement, city planning, fire/police protection, and so on, and the license fees help pay for those services. Discriminating against anyone for pretty much any reason would be grounds for a lawsuit against the municipality or county.
- tgflynn 11y agoI don't think a business license frees you from personal liability, I think you're talking about incorporation, which is entirely different.
- anigbrowl 11y agoGetting a business license and incorporating are not the same thing, and the former has no impact on our legal liability. If you run a business as a sole trader then anyone with a legitimate grievance can go after your personal assets.
- superuser2 11y agoI think the argument would be that business licensing is a fair concession in exchange for limitation of liability.