In a crackdown that couldn’t possibly stand up in court, tarot readers and other "fortune tellers" in Philadelphia have been shut down.
Who knew? An old law shuts psychics
Philadelphia’s fortune-tellers didn’t see it coming.
Suddenly they’re facing a very unhappy future.
Alerted to an obscure state law banning fortune-telling "for gain or lucre," the city’s Department of Licenses and Inspections is closing storefront psychics, astrologers, phrenologists and tarot-card readers who charge money for their services.
Inspectors had closed 16 shops since Tuesday, Deputy L&I Commissioner Dominic E. Verdi said yesterday.
"We were not aware it was a crime," he said, "but the Police Department came to us a few days ago and showed us where the crime code prohibits psychic readings.
"We looked into it, and it’s clearly illegal. I was surprised."
Fortune-telling for profit is a third-degree misdemeanor. The law has been on the books for more than 30 years.
Verdi said that he did not know how many shops operated in the city, but that he expected inspectors to close more in the days ahead.
Philadelphia’s actions are unconstitutional — so unconstitutional that similar efforts to prohibit fortunetelling have failed in other parts of the country.
Even a cursory understanding of the Bill of Rights can explain why tarot reading is protected by federal law. Just check the First Amendment:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
At its most basic, reading tarot cards is a form of speech and self-expression.
Of course, there’s a religious component, too. I suspect that many fortune-telling laws were written by religious fundamentalists who decided divination was evil. When it comes to banning the practice, however, they’re out of luck. The First Amendment clearly prohibits laws designed to favor one religion over another.
In an ironic twist, the First Amendment could even protect tarot readers who believe that the cards are a key tool in their spiritual practices. I don’t know of anyone who believes the cards themselves actually constitute a religion — but a lot of us do use the cards for meditation, reflection, and communion with God, in the same way that Catholics, for example, focus on images of the Virgin Mary, the crucifix, rosaries, and prayer cards.
Let’s look at the Fourth Amendment next:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Where was the probable cause in determining that Philadelphia’s tarot readers have committed any crimes? Real crimes, that is, as opposed to violating an obscure, archaic ordinance. Have they all been stealing from their clients? Swindling little old ladies out of their nest eggs? If so, those types of offfenses are covered under other laws.
It’s hardly constitutional to penalize an entire group of citizens as criminals simply because they could break the law. A car salesman could rip someone off, too, but that’s no reason to go around town and shut down all the auto dealerships.
Let’s also consider the Fifth Amendment:
No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
So … Where are the indictments? How is it possible that Philadelphia’s fortune tellers could be deprived of their liberties merely on the presumption of a generalized "crime?"
And what would you make of the Eighth Amendment?
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
I don’t know, but it seems a little cruel and unusual to arbitrarily take someone’s livelihood away — especially after one arm of the government has already granted them a business license, as was apparently the case with a lot of the readers in Philadelphia.
I also wonder about the selective application of Philadelphia’s fortune-telling law. Did the police simultaneously raid the TV stations to shut down the weather forecasters? Did they storm the beauty salons to keep stylists from telling their clients that bangs would be really cute? Will any government officials burst into churches this weekend to prohibit preachers from describing heaven and hell to their congregations?
Because if you think about it, we’re all telling fortunes, all day, every day.
Some of us just illustrate our predictions with a deck of cards.
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PS: An astrology friend just sent me the actual law in question, and I think there’s a key word missing from the news report: "pretend." This is from her email:
The AFAN Steering Committee has already been notified and one member of the other group found the statute:
ยง 7104. Fortune telling.
(a) Offense defined.–A person is guilty of a misdemeanor of the third degree if he pretends for gain or lucre, to tell fortunes or predict future events, by cards, tokens, the inspection of the head or hands of any person, or by the age of anyone, or by consulting the movements of the heavenly bodies, or in any other manner, or for gain or lucre, pretends to effect any purpose by spells, charms, necromancy, or incantation, or advises the taking or administering of what are commonly called love powders or potions, or prepares the same to be taken or administered, or publishes by card, circular, sign, newspaper or other means that he can predict future events, or for gain or lucre, pretends to enable anyone to get or to recover stolen property, or to tell where lost property is, or to stop bad luck, or to give good luck, or to put bad luck on a person or animal, or to stop or injure the business or health of a person or shorten his life, or to give success in business, enterprise, speculation, and games of chance, or to win the affection of a person, or to make one person marry another, or to induce a person to make or alter a will, or to tell where money or other property is hidden, or to tell where to dig for treasure, or to make a person to dispose of property in favor of another.
Tarot readers don’t "pretend" to see the future. We really do!
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PPS: The American Tarot Association has issued a statement on the Philadelphia closures. I’m posting it after the jump.
