Ryan Crownholm, the owner of MySitePlan.com and US Army Veteran, is currently embroiled in a legal battle against the California Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG) over accusations of unlicensed land surveying.

Crownholm’s website allows customers to create their own site plans using public records and information that is readily available to the public. However, the BPELSG alleges that Crownholm is practicing land surveying without a license.

As a veteran-owned business, Crownholm is passionate about providing his customers with a valuable service, whilst also defending his constitutional rights. Crownholm argues that he is not providing surveying services but is instead exercising his First Amendment right to create plans using publicly available maps. The Institute for Justice, a non-profit libertarian public interest law firm, has filed a lawsuit against the BPELSG on behalf of Crownholm, claiming that the board’s actions violate his constitutional rights.

How does the first amendment apply? The First Amendment of the United States Constitution guarantees the freedom of speech and the press, which includes the right to receive and impart information. In the case of Ryan Crownholm’s use of publicly available maps in California, the First Amendment could be relevant in a few ways.

Firstly, the First Amendment could protect Crownholm’s right to access and use publicly available information, such as maps, as a means of gathering information and expressing his ideas. This could be particularly relevant if Crownholm is facing any legal challenges or restrictions on his ability to access or use these maps.

Secondly, the First Amendment could protect Crownholm’s right to communicate his findings or opinions based on the maps he has obtained. If Crownholm is using these maps to conduct research or make a statement about a particular issue, the First Amendment could protect his right to express his ideas and opinions without fear of government censorship or retaliation.

Overall, while the specific details of Crownholm’s case would need to be considered to fully assess how the First Amendment applies, it is possible that the First Amendment could be invoked to protect his ability to access and use publicly available maps in California, as well as his ability to express his findings and opinions based on those maps.

The trouble began when the California Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG) sent a letter to Crownholm accusing him of practicing land surveying without a license. According to the board, Crownholm’s website offered services that only licensed surveyors were legally allowed to provide.

“This is a classic case of government overreach,” MySitePlan.com provides a valuable service that is protected by the First Amendment and is simply providing a platform for their customers to create their own site plans using existing public records and information (i.e. GIS (Geographic Information System)/Google and other publicly available sources. To put it simply, MySitePlan, allows you to overlay your specific use case over those maps or satellite images.

“Hotels and resorts use it to help guide guests from the lobby to their assigned room. Farmers’ markets use it to help show vendors where they should set up shop. And homeowners and contractors use it to show local California building departments where they plan to do various small projects, like building a fence or a shed or removing a tree or pool, to aid those departments in issuing a permit.”  – Institute For Justice

“MySitePlan.com does not conduct surveys or provide any information that is obtained through surveying,” Crownholm said in a statement.” Instead, MySitePlan.com creates plans using public records and information that is readily available to the public.”

The Institute for Justice, a non-profit libertarian public interest law firm, has filed a lawsuit against the BPELSG on behalf of Crownholm. They claim that the board’s actions violate his constitutional rights.

Crownholm’s case has far-reaching implications for anyone who uses publicly available information to create plans or designs. The outcome of this case will determine whether or not the First Amendment provides protection for individuals like Crownholm.

As a veteran-owned business, Crownholm is passionate about providing his customers with a valuable service while also defending his constitutional rights. He hopes that his case will inspire others to stand up for their rights and fight back against government overreach.

The legal battle between Crownholm and the BPELSG is ongoing, and it is unclear when a final decision will be made. In the meantime, Crownholm is continuing to operate his website, but with a disclaimer stating that he is not a licensed surveyor and is not providing surveying services.

Speaking from my experience as a small business owner and a veteran, I fully endorse Crownholm’s exercise of his constitutional right to free speech by filling a gap in the market and offering a service that utilizes publicly accessible information.

Sources:

• Commercial Speech and the Evolution of the First Amendment, https://www.theusconstitution.org/news/commercial-speech-and-the-evolution-of-the-first-amendment/
• California Mapping, Entrepreneur Fined $1,000 for Using Public Information to Draw Lines on Maps Files Federal Lawsuit Against California, https://ij.org/case/california-mapping/
• California Entrepreneur Who Was Fined $1000 for Drawing Informal Maps without a License Takes Regulatory Board to Court, 22 October 2022, https://fee.org/articles/california-entrepreneur-who-was-fined-1000-for-drawing-informal-maps-without-a-license-takes-regulatory-board-to-court/
• Entrepreneur Fined $1,000 for Using Public Information to Draw Lines on Maps Files Federal Lawsuit Against Innovation Stifling California Regulations, https://ij.org/press-release/entrepreneur-fined-1000-for-using-public-information-to-draw-lines-on-maps-files-federal-lawsuit-against-innovation-stifling-california-regulations/