Feb 27, 2012
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A Louisiana church was ordered to stop giving away free water along Mardi Gras parade routes because they did not have the proper permits.
“We were given a cease and desist order,” said Matt Tipton, pastor of Hope Church in Metairie, LA. “We had no idea we were breaking the law.”
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Tipton said volunteers from his church were handing out free coffee and free bottles of water at two locations along a Mardi Gras parade route when they were stopped by Jefferson Parish officials. The church volunteers were cited for failing to secure an occupational license and for failure to register for a sales tax.
“It kind of threw me for a loop because they weren’t in uniform,” he said. “But once they pulled the ticket out, I was conviniced.”
“We apologized,” Tipton said. “We didn’t know the rules.”
The church had purchased about five thousand bottles of water labeled with the church’s name and website address. They gave the remaining bottles to a local drug rehab center.
A spokesman for the Jefferson Parish Sheriff’s Office confirmed to Fox News that the church had violated the law.
The spokesman said the church was initially given a verbal warning – and then a written warning. He said it was not a citation – even though the warning clearly stated it was a “vendor warning citation.”
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The sheriff’s department said there was “no validity to their complaint whatever their complaint may be.”
Ken Klukowski, a senior legal fellow at the Family Research Council, said the citation was absurd.
“This is a perfect example of why so many people have a problem with big government,” Klukowski said. “The idea that a church needs a permit to hand out water to thirsty people is unfortunate.”
He said it’s hard to believe that the government would get in the way of citizens helping each other out – “especially a church which was just doing its duty to be good Samaritans and help those in need.”
Pastor Tipton said he sent an email to city leaders explaining that they were just trying to show their love to the city “and to serve the city.”
He offered to provide volunteers to clean up trash or even clean portable toilets. However, city leaders did not initially respond and Tipton said he was given the runaround – told to go through three different department heads.
Klukowski said the incident is outrageous.
“The idea that you need an additional level of bureaucracy stopping a church from showing kindness to members of the community is a perfect example of a waste of taxpayer money and resources,” he said.
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"Eternal vigilance is the price of liberty – power is ever stealing from the many to the few."
-Wendell Phillips.
When I was a kid, I couldn't imagine paying for water. Now, it's illegal to give it away.
You can't charge sales tax on something that is given away….Even if you are giving to others a drink of water to the least of these in my name you are doing it unto me…Jesus.
You can't charge sales tax on something that is given away….Even if you are giving to others a drink of water to the least of these in my name you are doing it unto me…Jesus.
They probly paid sales tax when they bought the warter but to collect sales tax on free warter has no price to collect sales tax on. This is stupid!
Talk about an idiotic response by officials. "Failure to register for a sales tax"? What's the sales tax on something offered for free? An "occupational licence" for handing out something free? What about all of those clowns who toss out the faux necklaces and the other funky thngs from the floats….do they have to have "occupational licenses and register for a sales tax too?
This is battle of Big Government Tackin over.
You have to stop the politicians.
Boblo
Why do they need to register for a sales tax when they are giving it away for free and making no sales?
Furthermore, if they are a registered 501c3 they are exempt from that, just as 501c3 muslims, atheists, or whoever are exempt.
It's another deliberate assault on Christian values by the government. What's next, a sale tax permit needed to give a hug in the name of Jesus? Or to give away clothing, to give away the gospel. Like it or not we are heading for a butting of the heads in this nation and possible a civil war over religious freedoms just like our forefathers had to fight for the same freedoms.
The question is, were they given a cease and desist order because it was a religious institution; because the government wants to subtlety establish the mindset water can be controlled by government, or to ensure all services are provided by government agencies and not through non profits or citizen volunteer efforts? Consider in California some counties are claiming ownership of all runoff, even off the rooftop of your business.
Great post, Wayne Richard
The question is, were they given a cease and desist order because it was a religious institution; because the government wants to subtlety establish the mindset water can be controlled by government, or to ensure all services are provided by government agencies and not through non profits or citizen volunteer efforts? Consider in California some counties are claiming ownership of all runoff, even off the rooftop of your business.
do the people throwing strings of beads have lisences and collect taxes?
Why on Earth would the church need an 'occupational license' when this is NOT their occupation, or register for a 'sales tax' when they are NOT selling anything? Sounds like this is protectionary for those that are selling stuff as part of their occupation. I'd also bet that somewhere in that section of 'law' that it states that someone doing it on a voluntary/non-occupational basis does not even need a permit, but ignorance of that provision would leave you open to intimidation such as this.
Welcome to the New French Republic of Louisiana. These people are NOT Americans, they are French and want to return to being French just like their brethern in Quebec. Their law in Louisiana is NOT based on the English Common Law but rather on the Napoleanic Code Louisiana was purchased in 1803 and the Napoleanic Code was formed in 1804, AFTER they became a US territory.
Attorneys like Ken Klukowski are part of the problem. Some stupid code is NOT LAW! This whole incident should be used to attack the bureaucrats and their stupid code masquerading as LAW. The Sheriff needs to get educated as well. What an ididots! Code Nazi's need to get religion and the church should be the instructor. Code enforcement is not an "office" and has not authority to tell anyone what to do. Anyone ever remember voting for Code enforcement Officers or code 'laws'? People need to quit sitting on their hands and learn our legal system, what is real and what is made up.
Sounds rather like the trouble we get in the UK from over-zealously applied "health and safety" rules.
Sounds rather like the trouble we get in the UK from over-zealously applied "health and safety" rules.
I'd be willing to say, on behalf of the church that this happened to, that we are not upset with the city officials for telling us that we need a permit. If we need a permit to pass out the water bottles, then by all means we'll obtain a permit to pass them out. We want to respect the city that we are trying to serve. We love the city of New Orleans and have a deep desire to show the people in this city the Love of Christ. Getting mad at the government is not going to accomplish this. We believe the city officials were just doing their jobs, and part of our responsibility as citizens is to abide by those rules. Nonetheless, our Cease and Desist order yielded greater opportunities to connect with many people in our city. For more information you can check out our pastor's response:
http://vimeo.com/channels/106162
I think your response and that of your pastor is fantastic. Instead of getting involved in drama, you found a different way to serve and love people around you. BRAVO!!!
I'd be willing to say, on behalf of the church that this happened to, that we are not upset with the city officials for telling us that we need a permit. If we need a permit to pass out the water bottles, then by all means we'll obtain a permit to pass them out. We want to respect the city that we are trying to serve. We love the city of New Orleans and have a deep desire to show the people in this city the Love of Christ. Getting mad at the government is not going to accomplish this. We believe the city officials were just doing their jobs, and part of our responsibility as citizens is to abide by those rules. Nonetheless, our Cease and Desist order yielded greater opportunities to connect with many people in our city. For more information you can check out our pastor's response:
http://vimeo.com/channels/106162
Thanks for the water you gave me and my friends and family at the parade. It was very much appreciated.
GET OUT! Oh my Lord! I can't wait for the day when our Lord and Saviour comes to rule with a rod of iron, and bap those silly bureaucrats and give them a good knot on the head to think about.
GET OUT! Oh my Lord! I can't wait for the day when our Lord and Saviour comes to rule with a rod of iron, bap those silly bureaucrats on the head and give them a good knot on the head to think about.
Maybe they were afraid the water came from the Lake, lol. Let's see… if memory serves, the NOLA area is predominantly Democrat, so parish officials stopping a church from handing out free water would be par for the course.
We need to seriously fight back against our local governments. I'm not sure how to do it but I know it would take alot of coordination. These "servants of the people" are paid with our taxes". Then they make laws and more laws until everyone is violating one, to where they get a constant stream of money. And that's all it is about. Police aren't necessarily educated people, as long as you can shoot a gun you can be police officer and get paid double what a teacher makes. And then our news props them up as heroes and we are supposed to feel bad when they get gunned down or beat up. We all need to step up to the plate and fight back or run with our tails between our legs because its only getting worse everyday this police state runs our lives.
My wife asked me a while back about going to Florida and stopping in New Orleans on the way.They just made up my mind for me.FORGET IT.If they are that stupid there to get this kind of publicity for handing out water I would probably get cited for some other stupid reason, like driving with an out of state drivers license.Cross Louisiana off of my to do list.
“We apologized,” Tipton said. “We didn’t know the rules.”.
This statement shows how people have become far to submissive and obedient. Our attitude toward government needs to change from 'they're here to help us' to they are something to be ignored and avoided at all costs. When I am in a situation such as this I never consider that I'm doing something wrong, and of course I'mnot, I simply try to avoid the criminal-tax-feeder agents, and keep doing what I'm doing. We do not need government to tell what is right or wrong, we need to figure it out on our own, and act accordingly, while avoiding/ignoring tax-feeder-agents as much as possible. We need to learn that no government at all would be a far far better situation then we have now.
Who didn't know that the JPSO are a bunch of Nazi sucks?
Who didn't know that the JPSO are a bunch of Nazi sucks?
They just want that the people be unhappy, more sickness and easy to control with terror and the flaking laws, but we need learn that the happiness is in our souls in connection with our existences.
What's the problem? They did not get the proper peddler's license and they admit that they did not know the rules. Mardi Gras is a business and all municipalities charge "rent" for street vending. It does not matter if you want to give it away or not. There are street vendors that are trying to make a living and they have to pay for the permits so why cry victim? Unbelievable
Ok. This is our church's church plant. Fox News has way sensationalized a very innocuous thing. Nobody's civil rights were violated, and the parish was very easy to work with. And this was not a church/state issue in the least. The law states that a permit is needed, and Hope Church didn't have one. They didn't know. However, after getting in touch with parish officials, everyone was very cooperative. FRC is uninformed, and shouldn't have said a word without having the facts. This was really no big deal, and it was blown out of proportion. You can read a factual story here: http://www.christianpost.com/news/la-pastor-city-officials-not-bad-guys-in-church-water-bottle-controversy-70509/. I should also say that Denny Schaffer at Fox Radio's WRNO did a great report on this and even had Matt Tipton on his show. Please don't believe everything you read in the media. Hysteria is not helpful.
Leftism is facism.
They don't need a permit they just need knowledge and courage. The first amendment is very clear and if you stood up to them they would back down cause they know they would lose. The biggest part of the problem is everyone has been brain washed into believing the lie that you are supposed to do whatever government says. So what I am saying is we the people are the problem, we have allowed this crap and until we stand up it will get worse and worse. 1st Amendment….Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;…. they were obviously hindering the free exercise of the church, simple. They have no basis in law to do what they are doing period.
Great post
Some really need to get a life
Time for a lawsuit. Hmm U.S.C Title 42 Section 1983 or how about U.S.C. Title 18 Section 241, 242. Oh yeah and did the public serv-ant have a certified copy of their oath of office? If not, impersonating an officer. Hmm, yeah, how about taking a long walk off of a short plank cause anything they say or try to impose is null and void, not withstanding.
it doesnt let me share…
(
This why people need ti understand the difference between law and policy. . Breaking the law would require an injured party and a claim for retribution for damages. Thos situation was pure policy enforcement. An occupational license and sales tax certificate is only required if conducting business which they were not. They were providing Charity which is part of theor 501 3c filing as a non profit. The church should have told those policy enforcers thank you for your time and see you in court. And then keep on giving charity and dealt Thist this nonsense in court. An officer can only give a citation and report it to the court. They cannot decide that you are guilty of anything because thats not their job. That is the job of a jury. And because they haven't been proven guilty of any wrong doing at that time then they are innocent until proven guilty therefore no other action could be brought against them until a jury rules that they were in violation of breaching the peace or harming the rights and safety of another. Whatever happened to protecting the safety and freedom of an individual instead of protecting and generating revenue for a corporation (legal ficitious entity). In todays world you must stand up and fight for your rights that were endowed to yoh by your creator at birth
And the church obeyed? It's in the water! LOL
This why people need ti understand the difference between law and policy. . Breaking the law would require an injured party and a claim for retribution for damages. Thos situation was pure policy enforcement. An occupational license and sales tax certificate is only required if conducting business which they were not. They were providing Charity which is part of theor 501 3c filing as a non profit. The church should have told those policy enforcers thank you for your time and see you in court. And then keep on giving charity and dealt Thist this nonsense in court. An officer can only give a citation and report it to the court. They cannot decide that you are guilty of anything because thats not their job. That is the job of a jury. And because they haven't been proven guilty of any wrong doing at that time then they are innocent until proven guilty therefore no other action could be brought against them until a jury rules that they were in violation of breaching the peace or harming the rights and safety of another. Whatever happened to protecting the safety and freedom of an individual instead of protecting and generating revenue for a corporation (legal ficitious entity). In todays world you must stand up and fight for your rights that were endowed to yoh by your creator at birth
I'm going to take a wild guess and say that there were a lot of non religious groups that were also stopped from handing out free stuff without a permit during mardi gras and for some reason fox news chose not to report about those incidents. Wake up people fox news and msnbc are trying to divide and conquer us.
When will you need a permit to carry large thermoses to children's T-ball games? Where does it end? The first time someone brings water that is accidentally contaminated with a mold spore because some dumbass didn't bleach the thing out right, one child will get sick, parents will sue, and they will pass a law requiring only bottled water at little league events, and we all will have to comply. Life is not risk-free. It never will be.
This is just terrible. Blatantly crosses the line between ineptitude and malevolence.
This is just terrible. Blatantly crosses the line between ineptitude and malevolence.
Soon enough you will need a restaurant license and pay taxes to have a dinner party!
OMG are you kidding me? Seriously? That's just plain craza.
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