There is an issue causing a problem with many of the businesses in Tombstone.
In 1998, the City of Tombstone passed an ordinance which impacts the First Amendement.
Now, the City will tell you that the ordinance does not conflict with the First
Amendement, and in a sense, they are correct. It's how the City has chosen to enforce
the ordinance that we feel is in violation.

The Supreme Court of the United States has identified several kinds of expression
that can be regulated without violating the First Amendment. Among these is
"Commercial Speech". The First Amendment permits governmental regulation of commercial
speech only for the prohibition of false, deceptive and misleading advertisements and
the regulations are no more extensive than necessary to serve that interest.

The City of Tombstone has decided that no one will be allowed to practice "Commercial
Speech", except for those who already have a permit to do so. When a prominent
business owner inquired about obtaining permits, he was told "no" because it would
benefit his business. Now, this is heresay to us, since we didn't hear the words
ourselves, but we trust the source.

Click the link below to view an article orginally published in the "Tombstone
Tumbleweed" in January of 2006. Although the article is old, we believe it explains
the current situation exactly.

CITY DECIDES TO INVESTIGATE THE LEGALITY OF STREET PROMOTION

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