To the Mayor, Town Council, Town Manager, and Town Attorney/s of Rutherfordton:

We, the undersigned residents, faith leaders, business owners, workers, and community members of Rutherfordton, respectfully petition the Town to immediately begin a comprehensive modernization of the Rutherfordton Code of Ordinances to ensure compliance with The U.S. Constitution, The North Carolina Constitution, federal civil-rights laws, state statutory limits on municipal authority, and modern standards of due process, equal protection, and fairness.

A recent review of the Code reveals multiple areas where existing ordinances are unconstitutional, discriminatory in impact or application, overly vague or subjective, punitive beyond lawful authority, outdated and legally indefensible, harmful to marginalized residents and vulnerable households, and risky for the Town’s legal and financial liability.

These include, but are not limited to ordinances granting unbounded discretion to officials (“as the council sees fit,” “appropriate,” “harmonious,” “unsatisfactory”), permit systems that grant officials the power to arbitrarily deny speech, assembly, religious practice, or business activity, citizenship and English-language requirements that violate federal civil-rights law, housing, sanitation, and utility rules that criminalize poverty, inspection and enforcement authority that allows warrantless entry into homes or businesses, fines up to $25,000/day, which violate the Eighth Amendment, and outdated “morality” standards with a documented history of discriminatory use.

​​Much of the Code operates as though the Town is entitled to define morality, ethics, and acceptable ways of living—substituting institutional judgment for clear, neutral standards and disregarding cultural or religious pluralism. Officials may reasonably believe that such authority poses no danger because it would never be exercised maliciously. That belief is itself the risk. Laws are not written for ideal circumstances or ideal people; they are written to constrain the worst-case scenario. When a code relies on discretion instead of rules, it does not protect the public—it protects the office. A system that functions safely only when “good people” are in charge is, by definition, unsafe.

These issues expose Rutherfordton to unnecessary lawsuits, cost taxpayers money, and erode public trust.

Therefore, We Petition the Town to:

1. Establish a Code Modernization Committee within 30 days composed of elected officials, legal counsel, civil-rights experts, clergy, and community members.
2. Create a transparent public process with adequate notice, public hearings, and opportunities for comment.
3. Update or repeal 1.22, “General Penalty” which makes any violation of the municipal code a criminal offense by default as North Carolina law requires civil enforcement by default and only narrowly grants criminal authority to municipalities.
4. Post a general list of all misdemeanor-enforceable ordinances as required under NCGS 2019-198.
5. Clearly identify which chapters and ordinances were repealed and which remain enforceable.
   Immediately begin revision of the most legally vulnerable areas, and all sections relying on unbounded discretion or discriminatory standards.
6. Adopt objective, transparent, and equitable standards for all permits, licenses, inspections, enforcement actions, and appeals.
7. Remove unconstitutional clauses including subjective permitting language, citizenship requirements, “moral character” tests, restrictions on and vague loitering or nuisance provisions.
8. Ensure all ordinances comply with U.S. Constitution (First, Fourth, Eighth, Fourteenth Amendments), NC Constitution (Article I § 12, 14, 19, 20), The Civil Rights Act (Titles VI & VII), The Americans with Disabilities Act, The Fair Housing Act, Religious Land Use and Institutionalized Persons Act, and state law under G.S. 160A and successor statutes.

We believe Rutherfordton can and should be a place where the law protects all residents fairly, equally, and constitutionally, and respectfully urge the Town to modernize the Code before further harm or liability occurs.

Signed

Mortellus, High Priestex, The Coven of Leaves, On behalf of Indivisible Rutherford NC and the Rutherford County chapter of the NC Interfaith Caucus