Author Topic: You do not own your labor  (Read 2169 times)

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Universe Prince

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You do not own your labor
« on: September 20, 2008, 03:59:44 PM »
What happens when government does not respect property rights? You no longer are allowed to own your labor.

http://www.citynews.ca/news/news_25452.aspx

      Jon Tennett loves to tinker in his garage. It's not an uncommon pastime for an 81-year-old man, but what is unusual is the city's response.

Because Tennett fixes his neighbours' lawn mowers and other small machines, the City of Pickering has charged him with operating an illegal business - even though he's never charged a penny for his work.

[...]

But Pickering's commercial zoning bylaws do not allow any form of home business whatsoever - and the penalties are severe.

Tennett's case is currently before the courts and if he loses, he could be fined up to $25,000.
      

Fair warning: sarcasm ahead.

I guess you cannot really blame the government of Pickering. I mean, they're just doing their job, right? If they don't enforce the law then the law is meaningless, right? I am sure the residents of Pickering are all mighty proud to have the government looking out for their best interests.
Your reality, sir, is lies and balderdash and I'm delighted to say that I have no grasp of it whatsoever.
--Hieronymus Karl Frederick Baron von Munchausen ("The Adventures of Baron Munchausen" [1988])--

hnumpah

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Re: You do not own your labor
« Reply #1 on: September 20, 2008, 06:15:27 PM »
Quote
Pickering's commercial zoning bylaws do not allow any form of home business whatsoever ...

How is it a business? Doesn't a business involve commerce, the exchange of goods or services for money?
"I love WikiLeaks." - Donald Trump, October 2016

Universe Prince

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Re: You do not own your labor
« Reply #2 on: September 20, 2008, 06:27:38 PM »
It's a business because the Pickering government said it's a business. What are you? Some kinda anarchist?
Your reality, sir, is lies and balderdash and I'm delighted to say that I have no grasp of it whatsoever.
--Hieronymus Karl Frederick Baron von Munchausen ("The Adventures of Baron Munchausen" [1988])--

Michael Tee

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Re: You do not own your labor
« Reply #3 on: September 20, 2008, 07:53:49 PM »
John Tennett has run afoul of the city's zoning by-laws.  All Ontario municipalities are empowered to enact an "official plan" which specifies USES of properties in various zones throughout the municipality.  So, some zones are residential use only, some are commercial, some are mixed-use, some are light industrial, some are multi-family dwelling, etc.  The plans are drawn up by the municipalities after public meetings at which all citizens and interested parties (builders, industrialists, religious leaders, whatever) are free to speak and make presentations, ultimately an official plan is drawn up and then submitted to the Provincial Government for approval.  The plan must meet Provincial planning standards as to minimal green-space requirements, avoidance of "flood plain" building - - i.e. nobody can build in an area adjacent to a river or stream which is likely to be flooded once in a hundred years - - adequate road, school and parkland provisions for every unit of population density, etc.

Both the original Official Plan and the Ontario government planning criteria are drawn by civic planning experts in consultation with all interested stakeholders and approved by the elected representatives of the people.  So how this is any more oppressive than any other majority decision in a democratic government is kind of a mystery to me.

When a person purchases a home, his lawyer checks title to the property and also the municipal zoning by-laws to see what are the permitted uses.  If a property was being used for a specific purpose prohibited by the zoning by-law, it is protected ("grandfathered") if the use pre-dated the prohibiting by-law.  So when the guy buys the house, if his lawyer did due diligence, there should be no doubt in his mind what uses are permitted and what uses are forbidden.

This guy undoubtedly lives in an area where the citizens and their representatives have decided to permit only residential uses.  No garages, no glue factories, no dynamite factories, no rail yards, etc.  If he doesn't like it, he shouldn't have bought there.  He should have known that his neighbours wanted a nice clean street of suburban houses with white picket fences and no central garage with a bunch of jalopies and wrecks waiting to be repaired, welding equipment and paint booths or whatever the guy has in mind.  Ever hear of property values?  They're not exactly enhanced on a street of $350,000 houses when the house in the middle has three or four cars under repair parked in the drive or out on the street in front.

This guy's attitude seems to be, Fuck the neighbours, I know what I want to do with my place and if it drives down their property values, so be it.  The neighbours and the city, OTOH, say Fuck Joe Tennant, we want our neighbourhood the way it was planned by all of us and not the way HE wants it to be.  Moreover, he knew the plan when he bought the house. 

Universe Prince

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Re: You do not own your labor
« Reply #4 on: September 20, 2008, 09:51:48 PM »

If he doesn't like it, he shouldn't have bought there.  He should have known that his neighbours wanted a nice clean street of suburban houses with white picket fences and no central garage with a bunch of jalopies and wrecks waiting to be repaired, welding equipment and paint booths or whatever the guy has in mind.  Ever hear of property values?  They're not exactly enhanced on a street of $350,000 houses when the house in the middle has three or four cars under repair parked in the drive or out on the street in front.

This guy's attitude seems to be, Fuck the neighbours, I know what I want to do with my place and if it drives down their property values, so be it.  The neighbours and the city, OTOH, say Fuck Joe Tennant, we want our neighbourhood the way it was planned by all of us and not the way HE wants it to be.  Moreover, he knew the plan when he bought the house.


He should have known what his neighbors wanted? You mean the same neighbors for whom he fixes lawn mowers? Those neighbors? You think those are the neighbors who are saying "we want our neighborhood our way"? Seems to me they have no problem with him fixing their lawn mowers. If they don't want him doing that, they could simply not take him anything to fix. Seems a lot less nasty and a lot more respectful of one's fellow man than forcing the man to go to court and to try to force him to pay a $25,000 fine. And how the fuck do you know where he keeps them while he works on them?


So when the guy buys the house, if his lawyer did due diligence, there should be no doubt in his mind what uses are permitted and what uses are forbidden.


Perhaps like myself and Hnumpah, he didn't know that fixing other people's lawn mowers free of charge as a hobby was also considered a business. Seems like an easy mistake to make.

But you've decided that he can't have made that sort of mistake. You have some how divined that he is merely a selfish bastard out to have everything his own way. Which I am sure was "clearly" indicated by his repairing his neighbors' lawn mowers free of charge. That is so selfish him. Tsk, tsk.
Your reality, sir, is lies and balderdash and I'm delighted to say that I have no grasp of it whatsoever.
--Hieronymus Karl Frederick Baron von Munchausen ("The Adventures of Baron Munchausen" [1988])--

Plane

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Re: You do not own your labor
« Reply #5 on: September 20, 2008, 09:57:57 PM »
I wonder at what level it becomes a nusance?

It would be hard for them to forbid fixing ones own mowers , and fixing a few others for free wouldn't have been much nusance.

But someone had to make the complaint , so someone must have been bothered.

Perhaps he was fixing a whole lot of Mowers from the goodness of his heart , perhaps he beleives in RBE and is far ahead of the rest of us.

Perhaps the local mower repair service turned him in.

BT

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Re: You do not own your labor
« Reply #6 on: September 20, 2008, 10:20:11 PM »
Most ordinances regulating business in residential areas are designed to keep traffic low and strangers to the neighborhood infrequent.

In my town you can have a home business but you can't have customers coming or going. No trucks or vans with advertising in the driveway. No signs in the yard.


Plane

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Re: You do not own your labor
« Reply #7 on: September 20, 2008, 10:25:10 PM »
Most ordinances regulating business in residential areas are designed to keep traffic low and strangers to the neighborhood infrequent.

In my town you can have a home business but you can't have customers coming or going. No trucks or vans with advertising in the driveway. No signs in the yard.



Do you feel that this is about the right level of regulation?

Some terrible storys of petty despotism have arisen from Homeowners associations and zoning boards , but without some sort of zoning there would be no protection for a homeowner who might object to a chicken ranch being built next door , so a certain level of regulation is desireable .

How is this balence struck?

BT

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Re: You do not own your labor
« Reply #8 on: September 20, 2008, 10:45:45 PM »
Quote
How is this balence struck?

Good question. Zealousness comes and goes. There was  case here recently where a bean counter type wanted to require a business license for someone who telecommutes 3 days a week. Their argument was that business was conducted and money was earned those 3 days a week. The counter argument was the money would be earned and the business conducted if the person added to the energy demand and the traffic gridlock by driving to work. The benefits of telecommuting outweighed the bad of commuting to work. In the end the telecommuter was not required to register.

hnumpah

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Re: You do not own your labor
« Reply #9 on: September 20, 2008, 11:33:50 PM »
Quote
It's a business because the Pickering government said it's a business. What are you? Some kinda anarchist?

F*ckin' A, if that's their game.
"I love WikiLeaks." - Donald Trump, October 2016

Michael Tee

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Re: You do not own your labor
« Reply #10 on: September 20, 2008, 11:59:53 PM »
<<He should have known what his neighbors wanted? You mean the same neighbors for whom he fixes lawn mowers? Those neighbors? You think those are the neighbors who are saying "we want our neighborhood our way"? Seems to me they have no problem with him fixing their lawn mowers. If they don't want him doing that, they could simply not take him anything to fix. >>

I doubt very much that every house in the fucking neighbourhood brings him a lawnmower to fix.  You are writing this story as if 70 or 80% of the households in the area are bringing lawnmowers to the guy.  In reality, a few homeowners bring the guy lawnmowers to fix and the rest probably don't even know whose stuff is being fixed or who the guy is.  Be that as it may, the legislation does NOT allow Joe Tennant and his favoured friends to re-write the Official Plan of Pickering, which probably took hundreds of hours of town meetings, planning committee meetings and council meetings to enact, hundreds of thousands of dollars of local rate-payers' money and hundreds more hours of public meetings at the Ontario Municipal Board hearings to approve the Official Plan.

That plan was made at a very great cost in time and money and represents the will of the community.  NO law-abiding community can allow its collective decisions to be flouted at will by whatever individual finds it to be offensive.  If Tennant and his neighbours are really aggrieved by this, there is a procedure outlined in the Municipal Act which permits an application to be made to a local board known as the Committee of Adjustment of the City of Pickering, whereby a "minor variance" may be sought, minor variance being permission granted to be exempted (for good reason) from the operation of the Zoning By-Law and a corresponding minor variance ina the provisions of the Official Plan.  If they can't convince the local Committee of Adjustment, there are provisions for further appeals to the Ontario Municipal Board and then to the courts.

Tennant seems to be like some kind of fucking anarchist - - too good to obey the local laws and too contemptuous of them to avail himself of the appeal processes carefully set up for him.  Guys  like that probably brainwashed by crypto-fascist propaganda assailing Communism, probably have encouraged him to believe that selfish self-advancement principles outrank the principle of community interests and the public weal.  Fuck this guy, the community comes first.

<<And how the fuck do you know where he keeps them while he works on them?>>

Who gives a shit?  The law was enacted with the general idea of keeping the ostensible signs of business OUT OF the neighbourhood.  The law is necessarily of general application - - it can't micromanage every single manisfestation of the general phenomenon it was designed to prevent.  If Tennant feels the law was overly broad, he can seek the exemption as I outlined above, and can appeal further to the courts if he doesn't get the relief he is seeking within the procedures set up specifically to deal with planning issues.

<<Perhaps like myself and Hnumpah, he didn't know that fixing other people's lawn mowers free of charge as a hobby was also considered a business. >>

How the hell WOULD he know?  That's what you hire a lawyer for.  If he thought he could figure out the meaning and application of complex legislation like the zoning by-laws and the Official Plan, which the average lawyer doesn't fully understand unless he or she specializes in real estate law,  then he's a schmuck and deserves whatever consequences befall him.

<<But you've decided that he can't have made that sort of mistake. You have some how divined that he is merely a selfish bastard out to have everything his own way. >> 

Well, selfish for sure because if he didn't know the law when he bought the property, he sure as hell knows it now.  And maybe just plain dumb in the beginning.  Up here, EVERYBODY hires a lawyer to buy real estate.  Title insurance has not taken off here as it did in the U.S.  That's probably a good 20 years ahead in our future.

BT

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Re: You do not own your labor
« Reply #11 on: September 21, 2008, 12:06:17 AM »
A resident should never have to hire a lawyer to understand local ordinances and if it cost rate payers hundred of thousands of dolars for them to be codified the rate paters got ripped.

I personally believe the lawn mover guy is within his rights. The flower seller is on shaky ground.


Michael Tee

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Re: You do not own your labor
« Reply #12 on: September 21, 2008, 12:23:18 AM »
<<A resident should never have to hire a lawyer to understand local ordinances . . . >>

Tennant is a textbook illustration of why a purchaser SHOULD hire a lawyer to review the local by-laws (ordinances in American-speak)

<< . . . and if it cost rate payers hundred of thousands of dolars for them to be codified the rate paters got ripped>>

The plans are prepared by professional urban planners with numerous other professionals (ecologists, lawyers, accountants, engineers, demographers, etc.) providing further input, and revised countless times in the wake of public meetings, representations, lawsuits, environmental and engineering studies, with similar on-going revision as the plan, once adopted by the City, works its way through the Provincial government's Ontario Municipal Board and further litigation.

We take our urban environment seriously and are prepared to spend the appropriate sums to make sure we get it right the first time.  We believe every citizen has the right to live in a well-planned and aesthetically pleasing environment, not just those who can afford to live in gated communities.

IMHO, the only rate-payers who are getting ripped are the ones compelled to live in your urban shit-holes because your moronic politicians are more interested in raising tax money for military machines of mass murder than they are in creating a healthy and sane environment for everyone.

<<I personally believe the lawn mover guy is within his rights. >>

Personally, I think the guy could probably successfully apply for a minor variance, but since he's not making any money from the prohibited activity, I can't see the financial motivation for him to do so. 

Universe Prince

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Re: You do not own your labor
« Reply #13 on: September 21, 2008, 12:27:32 AM »

I doubt very much that every house in the fucking neighbourhood brings him a lawnmower to fix.


I never said every house did.


You are writing this story as if 70 or 80% of the households in the area are bringing lawnmowers to the guy.


No, I'm merely pointing out how wrong is your portrayal of the situation as if this was one man flouting the wishes of an entire neighborhood.


Tennant seems to be like some kind of fucking anarchist - - too good to obey the local laws and too contemptuous of them to avail himself of the appeal processes carefully set up for him.  Guys  like that probably brainwashed by crypto-fascist propaganda assailing Communism, probably have encouraged him to believe that selfish self-advancement principles outrank the principle of community interests and the public weal.  Fuck this guy, the community comes first.


Yes, all that helping his neighbors for free is merely "selfish self-advancement". I'm sure he really had a nefarious scheme to derail the entire Canadian lawn mower repair industry. And yes, I'm being sarcastic again because you're being completely ridiculous, again.


<<And how the fuck do you know where he keeps them while he works on them?>>

Who gives a shit?  The law was enacted with the general idea of keeping the ostensible signs of business OUT OF the neighbourhood.


Apparently you give a shit.


The law is necessarily of general application - - it can't micromanage every single manisfestation of the general phenomenon it was designed to prevent.


Apparently someone thinks it can.


<<Perhaps like myself and Hnumpah, he didn't know that fixing other people's lawn mowers free of charge as a hobby was also considered a business. >>

How the hell WOULD he know?  That's what you hire a lawyer for.  If he thought he could figure out the meaning and application of complex legislation like the zoning by-laws and the Official Plan, which the average lawyer doesn't fully understand unless he or she specializes in real estate law,  then he's a schmuck and deserves whatever consequences befall him.


So you admit the guy probably would not know, and his lawyer might not have known. And I would like to point out, we don't know from the news story whether Tennett bought the house before or after the specific City of Pickering zoning law was put in place. But you still want to paint him as some sort of selfish bastard for daring to do something so self-centered as individually helping his neighbors. Your position is entirely devoid of reason.
Your reality, sir, is lies and balderdash and I'm delighted to say that I have no grasp of it whatsoever.
--Hieronymus Karl Frederick Baron von Munchausen ("The Adventures of Baron Munchausen" [1988])--

Universe Prince

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Re: You do not own your labor
« Reply #14 on: September 21, 2008, 12:28:28 AM »

Quote
It's a business because the Pickering government said it's a business. What are you? Some kinda anarchist?

F*ckin' A, if that's their game.


Good man.
« Last Edit: September 21, 2008, 12:37:04 AM by Universe Prince »
Your reality, sir, is lies and balderdash and I'm delighted to say that I have no grasp of it whatsoever.
--Hieronymus Karl Frederick Baron von Munchausen ("The Adventures of Baron Munchausen" [1988])--