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Lincoln council repeals outdated fortune-telling ordinance after legal review

City of Lincoln regular city council meeting · January 14, 2026
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Summary

Citing First Amendment concerns and a California Supreme Court ruling, the council voted to repeal a long-standing municipal chapter that regulated fortune tellers and so-called occult arts, removing special criminal-background requirements for those businesses.

Lincoln ' The City of Lincoln voted on 2006-01-13 to repeal a decades-old municipal ordinance that regulated "fortune telling and occult arts," after staff warned it likely violates First Amendment protections.

Deputy city attorney Christy McKinney briefed the council on legal risks, citing the California Supreme Court's decision that fortune telling can be protected speech and explaining that the city's existing chapter was likely vague, overbroad and a prior restraint. McKinney said the law's undefined terms could sweep in retail metaphysical sellers, meditation instructors and others and that consumer-protection concerns are already addressed by existing penal and consumer statutes. "Repealing this chapter allows these types of businesses to be treated equally with other types of businesses," she told the council.

Council voted to repeal the chapter; the staff said the change would not remove business-license or zoning oversight but would eliminate the additional background-check and conditional-use requirements previously imposed under the now-repealed code. City staff noted one local business had operated under the older rules while the ordinance was in effect.

The repeal was adopted by the council (vote recorded as 4-0-1, with one member temporarily absent). Councilmembers praised the legal analysis and supported the repeal as a way to reduce liability and administrative burden.

What's next: The chapter will be removed from the municipal code; standard business licensing and zoning processes will continue to apply to businesses that sell metaphysical goods or provide spiritual counseling.