Sunday, November 30, 2008

What is a Public Nuisance?

On Bill White's wish list below is the power to declare sexually oriented businesses "public nuisances." This allows him a degree of discretion in how he can attempt to regulate them. Their presence presumably creates a nuisance where ever they are located.

He tried to do the same thing with chemical plants in the last legislative session. The pollution they spewed created a nuisance in areas downwind from the plant, and if that area happened to be within Houston's city limits, then he argues he should have the power to regulate them

So here's a question, is the concept of a public nuisance simply an open ended opportunity for a mayor to expand his power? If so, does it invite an arbitrary application of that power? Or is it a necessary way for a mayor to maintain and enhance the quality of life in his or her city?

- Legal Definition.