Cross posted at Turn Maine Blue
A bill before the the Maine Legislature would allow municipalities in the Pine Tree State to deny a corporations constitutional rights. L.D. 1028, An Act To Enhance Municipal Home Rule Statutes reads, in it's entirety:
§ 3009-B. Denying constitutional protections to corporations
A municipality may adopt and enforce an ordinance that denies a corporation constitutional rights, privileges, powers or protections that enable the corporation to avoid the enforcement of an ordinance or to challenge or nullify an ordinance.
Make the jump:
Many of you have enjoyed Poland Spring Water, water that is mined and bottled here in Maine by Nestle. Poland Spring has been looking to expand, and not everyone welcomes that. Two towns have passed warrants at town meetings (yes, we still have them here) in which such mining has been banned: Shapleigh and Newfield.
The pertinent language is (from the Newfield Warrant):
*Section 4. Statement of Law. No corporation shall engage in water withdrawals in the Town of Newfield.
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* Section 6(4) Corporations operating under valid and express contractual provisions in agreements entered into between persons in the Town of Newfield and those corporations, when the withdrawn water is used solely for on-site residential, household, agricultural, or commercial use within the Town of Newfield, provided that such commercial use does not involve the withdrawal of water for sale outside of the Town of Newfield, or involve the purchase of water withdrawn from the Town of Newfield for sale outside of the Town.
But it is Sec. 5 that gets to the heart of the matter:
* Section 5. No corporation doing business within the Town of Shapleigh shall be recognized as a "person" under the United States or Maine Constitutions, or laws of the United States or Maine, nor shall the corporation be afforded the protections of the Contracts Clause or the Commerce Clause of the United States Constitution, or similar provisions found within the Maine Constitution, within the Town of Shapleigh.
The argument put forth by the bill's supporters:
From Montville to Fryeburg, Moosehead Lake to the Western Mountains, and Wells to Shapleigh....communities have taken it upon themselves to try to protect their water, land and air from industrial projects that threaten the livelihoods of Maine's human and natural communities. In each case, corporations have used their power to undermine or nullify the rights of communities to protect their natural heritage.
The Maine State Constitution recognizes Mainers' right to enjoy and defend life and liberty. Article 1, Section 2 proclaims that "all power is inherent in the people; all free governments are founded in their authority and instituted for their benefit; they have therefore an unalienable and indefeasible right to institute government, and to alter, reform, or totally change the same, when their safety and happiness requires it."
This bill returns authority to the people by allowing communities to eliminate the shield that corporations use by claiming to have the same civil and political rights and protections that citizens have under the law. They do this by claiming to be corporate "persons."
There will be a public hearing about L.D. 1028 in Augusta:
Public Hearing before State and Local Government Committee
Wednesday, April 29th, 2009, 1:00 pm,
Room 216 Cross Office Building
State Capitol, Augusta