Philadelphia clamps down on fortune tellers

[nancylebov]

Philadelphia shuts down 18 fortune tellers:

http://www.philly.com/inquirer/local/pa/main_line_delaware/20070427_Who_knew__Law_shuts_city_psychics.html

An editorial arguing that it's basically anti-gypsy prejudice:

http://philadelphia.about.com/b/a/257666.htm

I don't know what proportion of Philly fortunetellers are gypsies, but the argument that some of them are committing large-scale fraud doesn't wash. If that's the problem (and there doesn't seem to be a major fraud that set this off), then go after fortunetellers that are looting people, not those who charge ordinary rates for entertainment.

Here's the law

§ 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.

(b) Advertising as evidence.--Any publication contrary to this section may be given in evidence to sustain the indictment.

(c) Competency of witnesses.--Any person whose fortune may have been told shall be a competent witness against the person charged with violating this section

I wonder if this covers spell books--that would have some interesting first amendment implications.

Comments

[anton-p-nym.livejournal.com]

IANAL, but after reading the section quoted in your post* I'd guess that it's the service of hexing someone, telling their fortune, etc. etc. that this law deems illegal. I can't see it mentioning sale of paraphenillia or similar phrasing in there.

-- Steve's thinking the city would be better served by enforcing "truth in advertising" laws and prosecuting violators under fraud statutes.

* alas, the site you link to for the full text is filtered here at work

[sethg]

In Boston, fortune-tellers are licensed by the city; the Globe ran an article about this a while ago.

One of the requirements for licensure is that you have to give all your fees up front; i.e., no telling the customer, "ooh, the cards say something bad is going to happen to you next week; give me another $25 and I'll tell you what that is."

[thnidu.livejournal.com]

Looks like the editorialist didn't read the article. Happens I did, sometime earlier today or maybe yesterday.

First of all, the Dept. of Licensing & Inspection wasn't aware of the law:

"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."

Second, the whole business in the editorial about Gypsies seems to be based on the rant of one fortuneteller whom the article quotes:

The owner of Psychic, a fortune-telling shop at 2041 Walnut St., sat on his steps yesterday and complained bitterly about the police action. He would not give his name or his lawyer's name.

"First of all," he said, "they've got to stop the 129 murders in this city. What we do is entertainment."

He also said the police Major Crimes Unit had shut him down even though he had bought a business license from the city and paid taxes.

"Shouldn't they be cracking down on rapes and murders, not palm readers?" he asked.

(Hey, by that argument "they" should be ignoring speeders, not enforcing parking meters -- that'll be the day -- and so on.)

He also demanded to know whether tea-leaf readers in Chinatown were also being shut down. He doubted it.

"They're discriminating against Gypsies," he said, although he said he was born and raised in Philadelphia.

[starmalachite.livejournal.com]

the argument that some of them are committing large-scale fraud doesn't wash

OTOH, there have been a few serious cases in recent years in the DC area, including a U of MD student who lost more than $30,000. Hope she wasn't a science major...

[adrian-turtle.livejournal.com]

Michigan has a law against predicting the future for money. It has not been enforced for generations. When a friend of mine was in law school, they discussed that strict interpretation would require it to be used against professional weather forecasters and stockmarket advisors, but the legislature hasn't bothered getting rid of it.

[ndrosen.livejournal.com]

I wonder whether this could be applied to blessings offered by respectable Christian churches. For that matter, if someone offers his services,and the services of his metal detector or his bloodhound, in finding lost property or showing people where to dig for treasure, he would seem to violating the law.

The Boss said it 35 years ago

[fringefan.livejournal.com]

"Well, the cops finally busted Madame Marie for tellin' fortunes better than they do."
--"4th of July, Asbury Park"

[inquisitiveravn.livejournal.com]

IANAL, but I think the key phrase is "pretends to" as in

pretends to enable anyone to get or to recover stolen property, or to tell where lost property is.

If the tracker dog or metal detector demonstrably works for finding things, it's not illegal, at least not under that law.

[ms-daisy-cutter.livejournal.com]

I wonder whether this could be applied to blessings offered by respectable Christian churches.

Great minds think alike.