The City of Ashland’s Board of Commissioners voted to send an ordinance that dates to 1939—prohibiting palmistry, phrenology and fortune-telling—to the planning commission for study and recommendation after the city attorney advised that the existing ordinance likely violates the First Amendment.

Commissioners considered first reading of the ordinance, described in the meeting as "ordinance number 13 series of 1939, which prohibited the practice of palmistry, phrenology, and fortune telling." Several commissioners voiced concern about minors and mental-health impacts from certain services. One commissioner asked for an age restriction or other protective amendment.

The City Attorney told the commission the ordinance "as is" amounted to a complete ban and that legal review by the city’s legal department and American Legal Publishing raised constitutional concerns. The City Attorney recommended the ordinance be repealed and, if the commission wished, the planning commission could be asked to study potential restrictions and return with findings and recommendations.

The commission approved a motion to send the matter to the planning commission for review and a recommendation. Staff said it will take about 30 days to get the item on the planning commission agenda and that a recommendation could take roughly two to three months to return to the commission.

The commission did not adopt an immediate replacement ordinance; the action at the meeting was to refer the historic ban to the planning commission for study.