Today, I read a letter from a fellow attorney suggesting that Greenfield’s sidewalk maintenance ordinance amounts to slavery in violation of the 13th Amendment. My colleague who raises an interesting argument is simply not correct and residents should not be tempted to rely on this argument in violating the law.
No one is actually required to perform the clearing of snow and ice themselves. While they may and most do, they are also permitted to hire others to do so for them. In NFIB v. Sebelius (2012) the U.S. Supreme Court held that the government requiring citizens to purchase services is permissible under the taxing powers granted to the government.
Citizens should understand that this ordinance was passed under the old town form of government and had the review and approval of the state attorney general at the time of its adoption. Greenfield is not unique in such a law as most heavily sidewalked municipalities have similar laws.
Additionally, while technically public land, homeowners have a special relationship with the tree belt in front of their property. This is one reason the recently adopted tree ordinance took so long to pass. We debated and finally agreed that homeowners would be able to object to the planting of a tree in the tree belt directly on their property.
Finally, this is good policy. The cost of the town clearing the sidewalks would be enormous and add to our already high tax burden. Sidewalks need to be cleared to allow those with disabilities to pass as is required by the Americans with Disabilities Act. Mowing the tree belt prevents the rise of ticks, mosquitoes and other disease baring insects.
I hope this will encourage people to follow the ordinance, I would hate to see someone fined because they followed bad advice.
Isaac J. Mass, Esq.
Greenfield councilor at-large