Citizens in Charge

One of the most common critiques of the initiative and referendum process is that a majority of voters could pass laws that disadvantage or oppress the rights of a small minority. Proponents of this view often state that only representative democracy can adequately protect individuals’ rights.

Recent events in Riviera Beach, Florida, however, may cast some doubt on this criticism. In March 2008, voters in the town passed an initiative that “prohibited anyone from wearing pants below the waist exposing skin or underwear.” The ordinance began being enforced last July, but this Wednesday, Palm Beach County Judge Laura Johnson ruled that the law is unconstitutional.

Why is this story worth mentioning? First, it shows that initiatives are subject to the same judicial review that laws passed by legislatures are. In cases where initiatives conflict with the current body of law, protections for the “little guy” can be applied just as they would be to any other law.

But it’s also worth noting that the county court’s unconstitutional ruling does not have to be the end of the road for supporters of this particular ordinance. Even if the state Supreme Court were to rule the law unconstitutional, the existence of a statewide initiative process gives passionate citizens a means to amend their Constitution so that it reflects their preference against saggy pants. In contrast, voters in non-initiative states have limited ability to enact laws they strongly support.

At Citizens in Charge Foundation, we don’t rigidly cling to a belief that the initiative process always works perfectly. But generally speaking, there are many benefits that come with citizens making laws, and those benefits make the initiative a useful and necessary compliment to our system of governance.