Tuesday, September 17, 2013

How not to appeal to a Council



The item on the agenda was an appeal of a denial of a taxi company license and a taxi operator's license for a young man who had been employed as a driver with a local taxi company for the previous 5 years.  Although he had a rather blemished driving record, he pointed out that he'd been relicensed by the City every year for 5 years; his worst mistakes were old and he was 27 now; and the City had no problem with his driving record until he tried to strike out on his own. The only witnesses against his appeal were 3 other taxi-company owners; there were at least a dozen people testifying in favor. And yet, he lost his appeal, 4-3.
A travesty of justice, to be sure: The criteria for the license were that he be able to show by a preponderance of the evidence that granting the licenses would not adversely affect public health, safety, or welfare. An adverse affect would be more of an effect than already had existed; if the City had no problem with his driving habits for 5 years and nothing essentially had changed, then allowing him to continue to drive a taxi could have no adverse effect.
The gentleman's appeal, however, was a case study in how not to appeal to a council. The following rules occur to this observer:
Never bring children younger than 12 to a public meeting. Especially don't bring anyone younger than 5. There are rules of decorum at public meetings that very young children won't obey; you should find a babysitter for them. Never use one as a prop.
Applause and speaking out of turn is against the rules, for good reason; it can be a form of bullying. Ignorance of the rules, written on the wall, irritates the Council.
Don't bring up irrelevancies: don't tell people what a great, charitable guy you are; don't have people testifying to your character when it is not at issue. Stick to the criteria in the ordinance; anything else is irritating or can lead them astray.
More supporters does not mean more votes. More speakers saying the same thing only irritates the council, lengthening an already long meeting. You are only one item on a long agenda.
Last but not least, you and your friends are descending into a den of Pharisees, elected by Pharisees, being watched on TV by Pharisees—as well as a few people like you. Skin, especially tattoos, should be covered as much as practical. Dress like you are going to court. You still won't be one of them, but at least you will be giving them the deference they demand.
The vote was close. Essentially, he and his supporters blew it by overdoing it. Throw in a little class prejudice, and the scales were tipped against him. Councilors were offended, and some councilors seized on specious reasons, some supplied by the appellant, to deny the license.

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