No constitutional limits for Aspen city powers |

No constitutional limits for Aspen city powers

If the city or county limits a restaurant’s capacity, the governmental unit imposing the limitation should adopt an ordinance reducing the restaurant’s rent payments to its landlord proportionately. When the restaurants have to shut completely, no rent.

The money saved should be paid to the city for use of its sidewalks and parking spaces for customer seating. The city is a landlord because its property is being used for private gain.

Finally, if the landlord complains it’s unconstitutional to adjust the rent in a private contract (which it is), the respective governmental unit can reply, “We don’t care about the Constitution; we shut down restaurants unconstitutionally so we can adjust your income unconstitutionally.”

Maurice Emmer


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