July 24, 2003: ACLU-TN Challenges Ban on Fortune Telling

For Immediate Release
Thursday, July 24, 2003

For more information, contact
Hedy Weinberg, 615-320-7142

ACLU-TN Challenges Ban on Fortune Telling

Nashville - The American Civil Liberties Union of Tennessee (ACLU-TN) today filed a lawsuit on behalf of a Dickson woman whose free speech rights are being violated because of a local city ordinance prohibiting fortune telling.

According to the ACLU legal papers, Beth Daly, the owner of Curiosity Corner, was notified that she could not continue to conduct tarot readings at her shop because the activities violated Dickson City Ordinance §11-201.

On July 27, 2002, Ms. Daly opened the Curiosity Corner New Age Shop where she sold candles, yoga supplies, local artwork, books, and music. Until she was notified about the city ordinance that prohibits fortune telling, Ms. Daly was regularly holding tarot readings in her shop.

In January 2003, ACLU-TN sent City officials a letter notifying them that the city ordinance prohibiting "any person to conduct the business of, solicit for, or ply the trade of fortune teller, clairvoyant, hypnotist, spiritualist, palmist, phrenologist, or other mystic endowed with supernatural powers" was unconstitutional. In her letter, ACLU-TN Executive Director Hedy Weinberg explained that "A number of federal courts have reviewed similar ordinances and found them to violate the free speech rights of persons who engage in fortune telling....We ask you repeal the current ordinance."

According to Weinberg, the City did not respond to the ACLU-TN request and filing the lawsuit was the only way to protect Ms. Daly's free speech rights.

According to Barbara Moss, ACLU-TN Cooperating Attorney, "Because of the protections of the First Amendment, our government may not decide which ideas are right or wrong. A person is free to write or sell books that the earth is flat or the moon is made of green cheese. Our client should be free to make predictions, for fun or profit, without government interference."

The lawsuit filed in United States District Court, Middle District of Tennessee, asks that the City be enjoined from enforcing the ordinance and that people be allowed to engage in fortune telling.