Class Action against California for fishing licenses

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phillong84

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Hello all,

A friend of mine recently informed me that here in California everyone has the right to fish from public waters. I didn't believe it until I looked it up and sure enough Article 1 Section 25 of the California constitution clearly states the right to fish from California waters.

It's my understanding that a government can not charge a license and a fee for a right. 312 US 569 Cox V. State of New Hampshire

Sure enough California Department of Fish and Game mandates that you purchase a fishing license

(Also it's codified in the Fish and Game code section 7149)

Any thoughts if this could be a potential class action against the state?

Sorry I could not post links to the different codes and cases due to forum restrictions.
 
As I read it, Cox v. State of New Hampshire held that states can impose licensing fees:

The fee was held to be 'not a revenue tax, but one to meet the expense incident to the administration of the act and to the maintenance of public order in the matter licensed'. There is nothing contrary to the Constitution in the charge of a fee limited to the purpose stated.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=312&page=569

Wikipedia would seem to agree:

This decision allowed states to create licensing fees for people who want to have parades or processions. Because governments face greater costs in policing and overseeing parades, they are allowed to pass some expenses on to the groups conducting the events - and hence also have some regulatory power over the events.

Requiring licenses was thus found to be entirely consistent with also allowing time and place restrictions to prevent a public inconvenience.

http://en.wikipedia.org/wiki/Cox_v._New_Hampshire
 
What about

Murdock v. Commonwealth of Pennsylvania (319 U.S. 105)

"A state may not impose a charge for the enjoyment of a right granted by the federal constitution"

However this instance would be a right granted by the state constitution.

-Phillong84
 
The government may legally make you get licenses for constitutionally-guaranteed rights.
 
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