[Vision2020] If NSA Is Not A Commercial or Educational School?

[Donovan Arnold]

Ted,

You cannot file a complaint saying NSA is wrongly
downtown for one reason and then argue other reasons
later on. He has to argue it is an "educational
institution" because that is what the complaint says.
According to state statue and city code, it is not an
educational institution. He can go back and file
another complaint about another reason later if he
wants. 

Second, commercial schools are allowed downtown
according to city code, state statue defines a
commercial school and a proprietary school as the same
thing (see Idaho Statue 33-2401). Unless city code
separates the two, which it does not, you have to
follow state statue, and in most cases, it would have
to follow state statue over city anyway. 

The moot point is that the city council is going to
vote on this how ever they want. Some will read the
law, some will vote on the politics of it all.

It is my guess that three members of the council will
vote yes, three no, and the Mayor will break the tie
in favor of NSA.

But I am not in their heads, so we will just have to
see.

However, I do believe that this is just a witch hunt.
But more importantly if this goes through it says to
parents that you cannot get together with other
parents, rent or purchase a building, and educate your
children with your values because Moscow has no zoning
code for that. That is a very dangerous precedence to
set and would probably be knocked down in a court of
law. This will go court if the Mayor and/or council
approve it because it violates the first amendment
right to peacefully assemble and practice your
beliefs. You cannot say because the city code does not
define a place for churches so you cannot build one,
anymore then it can say to the parents of NSA that
they cannot give their children a postsecondary
education about their religion. 

Take Care,

Donovan J Arnold

 

--- Ted Moffett <starbliss at gmail.com> wrote:
> All:
> 
> This debate is, perhaps, moot.  If Mike Curley's
> post from Friday, May
> 13 is correct, if NSA cannot be precisely defined as
> an educational or
> commercial school, then they are "not a listed use,"
> and are
> prohibited.
> 
> Mike Curley wrote on May 13, 2005:
> 
> Donovan:
> 
> Let me start a little backwards perhaps by assuming
> that NSA is not 
> accredited.  If that is the case, then they are
> prohibited downtown.  
> Because they are not a listed use--an "unaccredited
> college."
> 
> As you recall from the discussion last night, the
> city code says that 
> if a "use" (meaning simply, what kind of work or
> activity is done in 
> the building) is not specified as permitted, it is
> prohibited.  So, 
> whatever NSA is that is not a college, they are
> prohibited.  
> 
> -----------------------------
> 
> Ted Moffett
> 
>
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