Vote NO on Amendment 1
Hi. I have mixed feelings about this.... I am not a political person. I do NOT have a political bone in my body. One of the reasons I LOVE Startups is the lack of office politics.... quite frankly, I'm NOT good at them.
BUT, on this one thing... I do feel the need to ensure that you are EDUCATED on this amendment that we in Georgia will be voting on, on Tuesday....
The wording is tricky.... it implies that you will be making Georgia more economically sound, have more opportunity, if you vote YES. HOWEVER, that is simply UNTRUE. Voting YES could actually undermine all the cool and exciting stuff that we have going on.
If you vote yes, you will be making non-compete agreements enforcable in Georgia.
Lance Weatherby did a GREAT write-up of this on his blog, Force of Good. Here's a quote:
"The proposed constitutional amendment will shackle employees to businesses, and strangle the present rights of employees to go out and work for competitors or start new competing businesses."
I can't tell you how to vote. I encourage to look behind the jargon on the ballot, do your research and vote your conscious.
I'll be voting NO.
Vote No on 1--A Legal Expert (and Startup Chick) Agrees
Thanks, Jenn! As a 15+ year IP and corporate lawyer, who is now an entrepreneur, I agree with you totally on this. Here is my blog post on why I think Amendment 1 is wrong for Georgia. (The text is reproduced below.)
Why I am Against Georgia Amendment 1: An Expert’s View
I sent this email to a select group of folks by email. I now think it’s important to present this to a broader audience:
Please excuse this atypical foray into the political scene (and apologies if you find this inappropriate), but as an expert on this subject who has seen both sides of the issue—as a pro-business lawyer for some of the largest corporations in Georgia, and now as someone who represents entrepreneurs almost exclusively—I thought it would be important to state how I feel about Amendment 1.
It is my opinion that this proposed Amendment to the Georgia Constitution will not “make Georgia more competitive.” Indeed, the large number of corporations that have moved here in recent years should demonstrate that people think this state is plenty competitive for mid- to large-sized businesses. And, if you are a member of the entrepreneurial community, this Amendment may actually end up harming you in the future because it favors large corporations over smaller organizations. This amendment would also limit the freedom of people to move from job to job, so one must wonder why those favoring Free Market principles would be in favor of this substantial change to the existing status quo. Put simply, there are many other ways to protect confidential information that serve existing business interests; we do not need the Georgia Constitution to be amended in a manner that would prevent entrepreneurs and small business owners from making the most off their skills and ideas.
Changes to any constitution should be measured not by the supposed good that is effected, but whether the amendment causes harm to citizens. Proposed Amendment 1 does not meet this standard.
For more detail, I have commented on a couple of blog posts on the subject here and here (scroll down to comments).
Of course, I would never tell anyone how to vote, but I find the language used to describe the amendment deceptive at best (and Orwellian at worst), and wished to help make the issue more clear to a small group of people who might find my viewpoint relevant to their decision-making processes.
As a final note, trust that most of my lawyer friends—even those I find “progressive”—are in favor of this amendment. And, when the lawyers support something as a block, we should all take note!