tag:blogger.com,1999:blog-4428867708311417911.post6855037812299352145..comments2011-10-11T16:32:57.900-07:00Comments on grpblawg: Intellectual Property, Patent and other Legal Issues: Has Spare the Air Spared the Penalty and Raised a Constitutional Question?Gerald R. Prettyman, Esq.http://www.blogger.com/profile/00554110399186276690noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-4428867708311417911.post-62496214131851511122010-01-03T13:01:29.697-08:002010-01-03T13:01:29.697-08:00Mr. Prettyman;
Thank you for your inciteful descri...Mr. Prettyman;<br />Thank you for your inciteful description of some of the various flaws in the BAAQMD regulations regarding Spare the Air Day penalties and regulations. While not an atty or constitutional scholar, I wonder if there might be additional problems with the regulation's enforcement. Some of the more concerning questions in my mind are: 1) Does a legislatively created regulatory body have the power to enforce (IE police power)? While it is certainly a fact that many exist at all levels of government, that does not necessarily make it constituional. This would be less of an issue of the police were assigned responsibility for enforcement. 2) Once a citation is issued, what right of appeal is available? It seems the answer is, "none", as is the case in fastrak lane violations on toll bridges and parking violations on private property issued by security guards, etc.. 3) Given that enforcement capabilities are so limited it might seem that any citation issued is by nature discriminatory. <br />John Brancato<br />jbrancato@yahoo.comUnknownhttps://www.blogger.com/profile/18152585165160785905noreply@blogger.com