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  • Writer's pictureMike Brandly, Auctioneer

Only some Constitutional rights?

I try to never venture outside of auction-related topics on this blog. I decided this subject was important, and did indeed apply to auctioneers operating in the current climate.

Auctioneers have been flat-out outraged that the government (state-mostly) has infringed on their “Constitutional rights” to conduct a live auction and/or otherwise stay in business.

Yet most seem fine or otherwise fairly impervious with peaceful protesters being dispersed with [tear] gas, pepper spray, and rubber bullets defying those protesters their Constitutional rights to peaceably assemble and petition the government for redress …

Yes, Washington, D.C. had a 7:00 p.m. curfew on June 1, 2020, but this was at 6:35 p.m. — 25 minutes before the 7:00 p.m. official infringement when officers moved in with rubber bullets, pepper spray, and gas. Can rights infringement possibly be accomplished in any other peaceable way?

Which is it? The Constitution guarantees rights that cannot be infringed? Or the Constitution guarantees rights that can be infringed upon? Maybe it’s different when you are an auctioneer versus a peaceful protester? Interestingly, some auctioneers have been protesting …

Of course, there were less-than-peaceful protesters and looters who should be brought to justice [innocent until proven guilty] just like the former cops who possibly killed/aided and abetted the killing of [innocent until proven guilty] George Floyd.

If the argument is that those protesters’ rights can be infringed upon, as 25 minutes early, with [tear] gas, pepper spray, and rubber bullets don’t create an undue burden on their rights — then maybe your auction business closed for a few months doesn’t either?

I’m not here to defend or criticize either of the folks mentioned in this article. I only encourage those citing their uninfringable Constitutional rights to respect and speak up equally when anyone else’s such rights are violated.

Mike Brandly, Auctioneer, CAI, CAS, AARE has been an auctioneer and certified appraiser for over 30 years. His company’s auctions are located at: Mike Brandly, Auctioneer, RES Auction Services and Goodwill Columbus Car Auction. He serves as Distinguished Faculty at Hondros College, Executive Director of The Ohio Auction School, an Instructor at the National Auctioneers Association’s Designation Academy and America’s Auction Academy. He is faculty at the Certified Auctioneers Institute held at Indiana University and is approved by the The Supreme Court of Ohio for attorney education.

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