Latest Breaking News
In reply to the discussion: New Legislation Would Ban NSA From Arizona [View all]happyslug
(14,779 posts)Remember a public utility MUST provide service to anyone in their service area. If the Abortion Clinic is away from other similar services (and what I mean by that is away from other doctors, hospitals and other users of the power they normally use), then yes.
The problem is those areas that can provide the utility services needed by an abortion clinic (and they need access to decent water supply and sewerage) is itself restricted. I once looked at a house that had a septic system, but the owner had used it as a hair salon. I ran away from that place as soon as I could, hair salons use a lot of Chemicals that a Septic tank is NOT designed to handle, thus I if I bought the house (it has several acres attached to it), I was looking as a complete new septic system would have to be installed.
Having a decent sewerage system is more important to a Abortion clinic (or ANY medical provider) do to the chemicals they use to clean and disinfect. Thus the state could ban abortion clinics from areas served by Septic system and no one would object.
NSA is a tremendous power hog, if it was to move anywhere. Thus it would be a drain on any power system and thus the state could restrict where it would go. The same with Abortion clinics, the state could restrict them to areas where they have limited drain on utility service.
Remember we are NOT talking about an office in either case, but in the case of the NSA a large building drawing a lot of power. The same with an abortion clinic, it has utility needs, like any modern medical provider needs. Medical provides are NOT found in the boon docks, but in county seats or other areas with decent sewerage systems. If the State bans certain activities from occurring in an area of a utility provider, that utility provider will be forbidden from providing service.
Now, the rule has to be "reasonable", i.e. there has to be a reason for the rule, even if the reason is different from the one proposed when the rule was adopted, but any reasonable justification for the rule would work.
Now, if the NSA opens a hiring office in Arizona, then it will get Utility Service of similar offices get such service, but in the case of NSA and this law the assumption is a NSA building to house part of its data. Thus, like an abortion clinic can de denied service by the State on the grounds it is to much a drain on the utility.
Please note, many states already do this to Abortion Clinics. 87% of all counties have no abortion clinic, often denying such clinic access to utilities:
http://www.huffingtonpost.com/2009/06/02/no-choice-87-of-us-counti_n_210194.html
In three states the number of Abortion clinics is one (and often restricted as to days it is open)
In the areas where Abortion clinics do exist, it is because the area serves business very much like abortion clinics in terms of utility usage and thus under the concept of public utility, must be provided services.
Lets remember, my point was to state what were the power of the State, and that includes regulations of in state utility service. Such regulations can provide restrictions as to who can access that utility service, if the restriction is reasonable for any reason. In the case of power hungary users, making sure the surge in usage does NOT interfere with other people right to such service is "Reasonable" even if it is NOT the stated reason for the rule.
This is the same rule the permits states to ban garbage dumps, to ban junk yards etc. If the Federal Government wants to disobey such rules it can, provided it can do so WITHOUT stepping on the powers of the State.