Yard Sale By Cancer Victim Shut Down By City
Susannah Kim writes for ABC that Salem, Oregon shut down the yard sale of a woman selling her personal belongings to pay her medical bills, and told her she could be liable for a $380 fine or jail time:
The reason? A city ordinance limits a home to hosting a yard sale three times a year, as first reported by ABC affiliate KATU.Jan Cline, 64, said she did not know such a law existed. She thought she was being unobtrusive by hosting the yard sale in the backyard, but a city code enforcement officer on Monday came to inform her that a neighbor had complained and she was breaking the law.
Cline, who was diagnosed with bone marrow cancer on July 1, has been unable to run her two businesses, an educational toy company and a limousine service. But after being devastated by the diagnosis of the disease, which can be terminal, she thought a yard sale would temporarily help her pay for medical bills and house payments while she is a near-invalid. Meanwhile she is staying in the home of a friend to avoid walking up and down her stairway.
..."I'm not a drug dealer. I'm not parking broken cars on the street," Cline said. "I'm a business woman who contributes to the society without trying to take money from anybody. You're telling me I can't sell my own belongings in someone's own private backyard."
Cline said she is looking forward to surviving the "aggressive" treatment she is undergoing so she can get back to work and have an income. She said doctors have told her she has a 93 percent chance of remission when the treatment ends in late October, and she could stay in remission for five to 15 years.







That is the most ridiculous bullshit I've ever heard.
Robert at August 19, 2011 3:48 AM
This is interesting, the government doesn't seem to have an issue with crap in the yards of Section 8 houses.
Choika at August 19, 2011 5:43 AM
The Salem witch trials are back.
MarkD at August 19, 2011 5:44 AM
Of course this is crazy. But on the other hand if she's put in prison the government has to pay for her health care. Including treatment for her cancer.
DrMaturin at August 19, 2011 6:03 AM
This is what happens when you put liberals in charge.
Anybody getting buyer's remorse yet?
Has it sunk in yet that the State is NOT your friend?
brian at August 19, 2011 6:04 AM
Nobody asks......
How many Yard Sales has she had this year?
There is a similar ordinance here where we live.
Code Enforcement is very lax about giving tickets for this kind of thing here, even in the People's Republic of Kalifornia.
Many Immigrants seem to hold one or two a month, selling the same stuff you get a "Dollar Marts".
That said, I'd like to know more.
Is this a nosy, troublesome neighbor, and an overactive bureaucracy,
or is it a misguided entrepreneur, who has a history of pushing the limits?
Having raised three teenagers,
I know that there are two,(sometimes three!)sides to a story.
The "Evil Bureaucrat" meme is a guaranteed hook for me, but I'd like to know a whole lot more about this before condemning either side.
thomas at August 19, 2011 6:27 AM
I'm not sure what's more outrageous - that such a stupid law exists, or that Cline's neighbor is a big enough prick to care about her number of yard sales (without having the first thought be:"Wow, five yard sales; I wonder if she is having problems?")
In my neighborhood there is at least one rummage sale evey weekend of the summer. I did not realize that I was supposed to find it annoying.
KarenW at August 19, 2011 6:28 AM
Thomas, I know how many yard sales she had because I read the story at the link: four or five. I've had that many a few years back simply because I had that much clutter to get rid of.
KarenW at August 19, 2011 6:33 AM
Yeesh. We'll probably have at least that many trying to empty out my Dad's house. It'll be far less expensive, even if we don't make much, than hauling everything away.
MonicaP at August 19, 2011 6:39 AM
Most municipalities limit the number of garage or yard sales at a specific location. In Salem, it's three; for Amy in Los Angeles, it's five. Those ordinances were adopted because some property owners in residential districts created problems by running a regular retail business out of their garage or yard.
The ordinance doesn't have a special exception for cancer patients selling their personal property. If city ordinances tried to provide for every eventuality, like garage sales for seriously ill residents, they would be impossible to draft or enforce.
The Salem city government is actively looking for other alternatives to help Cline:
Right off the top of my head, I can think of several: a consignment shop, yard sales held in neighbors' lots; a sale at a local church or other non-profit association; etc. The city's PR officer has the right idea-- respect the law, but find another way forward.
Dale at August 19, 2011 7:10 AM
I heard this story some place else.
Dale is exactly correct...after so many it is considered to be a business.
Also, it was not like they were spread out. Think about it this way, she has had a yard sale 4 or 5 weekends since July 1 - that is almost all of them.
If people there are like they were where I used to live, that means the road is full of cars for several hours in the morning. We had to ban them I my complex because the shoppers would not behave...blocked people's garages, etc.
The Former Banker at August 19, 2011 8:38 AM
Amy,
Ms. Cline violated the law. She was cited. Neither her health issues nor her motivation justifies breaking the law. You might argue it's a stupid law, and that it should be changed or repealed. But to argue that it's a stupid law for this one person doesn't work.
Would you have sympathy for a cancer victim from Mexico who came here illegally for free treatment? How about a Mexican looking for a safe place to raise her child?
Yes, I'm a heartless bastard.
art.the.nerd at August 19, 2011 8:57 AM
If my neighbor had 5 garage sales on consecutive weekends I would be pissed too. When my neighbors have yard sales, you have to put up with people blocking your driveway, with the illegals letting their kids piss in the street, etc. I see no issue here at all.
ronc at August 19, 2011 9:28 AM
Too many people in the neighborhoods. There was a time when neighbors helped each other in tough situations. Over the years, we passed more and more laws to control our neighbors' behavior. We also didn't have to personalize our actions because we don't usually know them.
Dave B at August 19, 2011 10:55 AM
I feel awful for her, but I can see it being a nuisance for the neighbors. I wouldn't report something like that, though. In fact, I'd be unlikely to report anything to the city that wasn't an immediate danger to passers-by. Her neighbor could have discussed the situation with her (or even left a note) instead of running to the city to tattle.
ahw at August 19, 2011 10:58 AM
And now for some hopeful news: modified Ecstasy may be used to kill cancer cells.
http://www.bbc.co.uk/news/health-14572284
Gog_Magog_Carpet_Reclaimers at August 19, 2011 11:51 AM
Those ordinances were adopted because some property owners in residential districts created problems by running a regular retail business out of their garage or yard.
Oh, piffle. I live around the corner from a local shopping strip and small mall. Where do you think their stafff park? Plus I'm near the city a public transport so a lot of people park there to go to work every day. It clears out late in the day, sometimes I have to park down the road a bit. Big deal.
Ltw at August 19, 2011 1:38 PM
Ltw wrote:
Fine. I imagine those areas are zoned commercial, not residential. You also probably bought your property knowing there was a nearby commercial use/zone. On the other hand, people do not buy properties in a residential zone only to have their neighbor open a second-hand shop in the garage.
If you can't handle the zoning ordinance residential use restrictions, buy property in a different zone. It's public record, and everyone should check the zoning before they purchase a property.
Dale at August 19, 2011 2:32 PM
Yes, I do understand zoning - which, although necessary, is badly misused in many places. I'm saying I don't think this is worthy of regulation. A yard sale on the weekend? For heaven's sake. She could have a big extended family barbeque every weekend instead, and that would be fine but just as disruptive. If there are specific problems (property destruction, public urination, whatever) there are other ways of dealing with it.
I think people get a bit too precious about minor inconveniences. Complaints like this make me yawn.
Ltw at August 19, 2011 3:29 PM
art.the.nerd sounds like just another wannabe "little hitler", cracking down on cancer victims violating "codes" and any other liberty-loving Americans.
Lobster at August 20, 2011 3:36 AM
art the nerd, just because a law is a law does not make the law legitimate.
There once was a law that mandated that black people had to move to the back of the bus. As I recall there was a woman by the name of Parks who violated the law, was cited and arrested for it.
The law violated her rights, and so she broke it.
If the law violates our property, our liberties, or our rights, it is, in the words of a document I greatly revere, "The RIGHT AND THE DUTY" of the citizens to disobey.
Is this as serious as abuse of eminent domain or search and seizure of free speech? Perhaps not quite, but it is certainly within the same ball park.
If the law becomes an abusive tool of repression and control, then the law is unjust, and submitting calmly to it is no different than the cow that strolls calmly up the line into the slaughter house.
Our system is broken in many ways, and it must be fixed. And I believe the best way to begin is to eliminate the barriers to ordinary usage of our personal property.
Robert at August 20, 2011 6:35 AM
robert, are you on drugs? Really? Equating this to black prejudice? Equating humans to cows? Wow, what a wide reach. People have a right to do what they want on their property until it impedes on the rights of others. Laws like this are similar to noise laws which allow you to shut down raucus parties in residential neighborhoods.
ronc at August 20, 2011 9:42 AM
There are noise laws, as there should be. But are there laws dictating the number of parties you are allowed to have in a year? Believe it or not, you can have a party or a yard sale without necessarily infringing on the rights of your neighbors! It's possible to outlaw a particular bad behavior without having to ban the activity that MIGHT lead to the bad behavior. So yeah, I think limiting the number of yard sales is bullshit. If someone wants to set up a business out of his garage, and they do it without causing a mess or disturbance, why should I give a crap?
KarenW at August 20, 2011 10:37 AM
Ronc, I'n equating one law to another. My point is that a law is not to be obeyed if the law is itself unjust or repressive. What would you think of as a good comparison? And I suppose I could have said sheep instead of cows, but what does that matter?
To many people will simply shrug and say, "That is the law" and submit to it, just like fucking sheep or cows.
In this case we're talking about an ordinance that limits ones use of their private property, and I consider that just as bad as limiting a citizen's right to use a public service. All of our rights are sacred.
Aren't they?
Now I'm not totally unsympathetic towards the neighbors if there are just loads of cars coming in and blocking their drive ways and limiting their own ability to make use of their private property.
But the law should not be the first resort to stop this behavior, at least not a law that infringes upon the rights of their neighbor. The simplest thing would have been to have ordinances against blocking peoples use of their property, and have a tow truck on call to tow the inconsiderate fucks who just park eeeeeverywhere without consideration for others. Bam, put up a sign stating what will happen, and let the chips fall where they may.
Though I have to ask how she's drawing this many people to her garage sales that it has become that much of a problem. I've been to hundreds of garage sales over the years, and most of the time its two or three people at a time who stop by and check out the goods and then move on.
If she IS doing this so often that it has become a business, not just a way to get rid of some stuff...then Houston we have a problem. And it is she who is abusing her neighbors.
Robert at August 21, 2011 5:00 AM
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