Tour Guide Licensing Rules Struck Down In Charleston

in #freedom6 years ago

A federal court has recently struck down the tour guide licensing rules in Charleston, deeming them unconstitutional in that they violate the First Amendment.

There has been a lengthy dispute taking place in South Carolina over the issue of tour guide services, because the rules stipulate that you must first obtain a license before you are able to offer any tour guide services in the area. To get that license, anyone interested in providing such a service would need to first pass an oral and written test.

They also need to score at least 80 percent or more on the written test before they are even allowed to take the oral exam.

Several individuals who have failed the examination process previously, have launched a legal fight over the tour guide licensing scheme, insisting that it violates their First Amendment rights.

Now, a federal judge has agreed and struck down the occupational licensing scheme related to tour guide services in Charleston. Judge Norton from the U.S. District Court for the District of South Carolina was the one who gave the final decision.

If people are forced to go through a tedious licensing process before they are able to simply speak about the history of a particular region, then it is the government via the examination process, that is getting to decide who can provide tour services rather than allowing the people themselves to decide and vote with their dollars.

For those who might be interested in providing such a service in Charleston or another area, licensing laws can prevent them from being able to provide that service to others who might be interested. One solution that's been proposed, rather than government regulations trying to stipulate who can speak about what in public areas in exchange for money, there have been suggestions for a voluntary certification program.

Since the lawsuit was filed to try and change the licensing scheme in Charleston, the city has allegedly revised their policy and reportedly removed the requirements for the oral exam.

Tour guide licensing requirements in other cities have also been struck down in court and similarly deemed unconstitutional, such as those in areas like Washington, D.C.

If someone is interested in speaking in exchange for money, and giving details about a city and its history, they are going to need to find people who will voluntarily be interested in listening to them and giving them money in exchange for hearing what they have to say. The people should determine for themselves who they want to hear rather than the state deciding for them by making those individuals take some examination.

For those who are concerned about misinformation being told to tourists etc, by 'unqualified guides,' there are other avenues available to try and address those issues. Whether its some private and voluntary form of certification, or another effort to spread awareness about trustworthy tour guide services in the area, leaving comments online warning about untrustworthy ones etc, there are multiple ways to try and address the need for tour services and the issues that might surround that activity, without having to resort to getting the government involved.

Pics:
Pixabay

Related Posts:

City Sued Over Tour Guide Licensure Racket

Suing The City For The Freedom To Speak

Fighting Back Against Occupational Licensing

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well done bro. nice article. keep it

mean in every part of the world for last decades and possibly centuries, touristic services have been provided by the locals. This is not only a tradition but a way of being welcoming the outsiders and showing them the best of what the are has historically represented.

Even where this system is unregulated, there has been an understanding, that only a few select individuals, well versed in the local history would do the talking. I am not entirely confident that bringing down the bar/level of difficulty of examination could be very effective.

I really do think that individuals need to know their own stuff properly before passing it on to others. Having no information is better than misinformation and all that....

On this occasion I agree with the ruling, it seems to me very well that people who want to be a tourist guide must pass the exams satisfactorily, it is even a way to give security to tourists who are being driven by honest presences, how many cases of false guides of tourists who have stolen all their belongings to tourists
thanks for posting dear friend @doitvoluntarily

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