Moving violation.

• Author: Root, Damon
• Position: Kentucky fried licensing - Brief article

SHOULD AN entrepreneur be required to obtain permission from his competitors before starting a new business? In the state of Kentucky, that's not a trick question.

In August the Pacific Legal Foundation, a public interest law firm based in Sacramento, California, filed suit in the U.S. District Court for the Eastern District of Kentucky, challenging a state law that lets moving companies veto the licensing applications of would-be competitors. At issue is a Kentucky statute requiring moving companies to obtain a Certificate of Public Conveyance and Necessity, which may be issued only if "existing transportation service is inadequate." How do state officials decide whether the current moving companies are "inadequate" to the task...