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Ashland advances ordinance to regulate fortune‑telling businesses, city attorney cites constitutional concerns with total ban
Summary
After public comment, Ashland commissioners advanced first‑reading ordinances that repeal a 1939 prohibition and add business regulations for fortune‑telling services, including age limits and 300‑foot buffers from schools, parks, churches and residential zones.
The Ashland Board of City Commissioners on Nov. 20 advanced first readings of ordinances that would repeal a 1939 ban on fortune‑telling criminal offenses and instead regulate fortune‑telling as a fee‑based business activity.
Public commenters urged strict limits. Mary Anne Galloway of the Boyd County Republican Women's Club said she was ‘‘concerned for children’’ and recommended limits such as an age minimum, large visible signage stating activities are for ‘‘entertainment only,’’ and buffer zones. Galloway told commissioners she would prefer an age minimum of 21 and 1,000‑foot buffers from schools and places youth gather.
City legal staff framed the proposed language as a response to constitutional issues with a complete ban. The city attorney said that rather than a total prohibition the ordinance would regulate fortune‑telling as a business: services would be restricted so they could not operate within 300 feet of any residential zone, public or parochial school, library, park, playground, church or other places where minors tend to congregate; the ordinance would also limit the density of similar uses and control advertising visible from public rights‑of‑way.
Planning commissioners previously reviewed the language and recommended restricting services to persons 18 or older and adding dimensional and signage rules. Commissioners approved the first readings by voice vote and asked staff to continue outreach and provide any additional legal analysis before final adoption.
The proposed change replaces a near‑total ban with targeted business regulation; if adopted, operators would proceed through normal business‑licensing and zoning channels, including conditional‑use review where applicable. The planning commission and city attorney said the approach aims to reduce legal risk while providing location and youth‑protection safeguards.
