Planet K, a central Texas retailer of e-cigarettes, pipes, incense, and assorted items for adult entertainment, filed a lawsuit against the city of Bryan in early November. The lawsuit alleges that the city’s sign ordinance is unconstitutional and violates the company’s free speech rights.
At the heart of the dispute is an on-premise sign that the city claims is too large. The city has denied a permit for the sign and issued twenty-eight citations. And until the sign is removed, the city refuses to issue building permits. In response, the business is currently operating out of tents in the parking lot.
According to the city of Bryan, Planet K cannot use its property by right–as it deems best. Instead, the company can act only with the permission of city officials. And if the business owner refuses to grovel at the feet of politicians and bureaucrats, they will refuse to grant their permission. They will hold him hostage to their mandates and decrees.
Bryan is hardly alone in wielding such dictatorial powers over property owners. The very nature of zoning and other land-use regulations grants government officials virtually unlimited powers over property use.
The city claims that the sign is too large. By what standard? And by whose judgment? Clearly, the owner of Planet K thinks the sign is the proper size, but his judgment is to be rendered moot by the judgment of petty bureaucrats. And not only are they threatening him with fines, they are prohibiting him from remodeling the building that he purchased in July.
Most property owners prostate themselves at the feet of government officials, hoping to receive sanction to operate their business. In doing so, they sanction their own victimization. Planet K owner, Michael Kleinman, deserves our praise and support for his unwillingness to beg for permission to operate his business. He refuses to be a willing victim.