For the well articulated reasons below.

Amendment 1:

“Shall the Constitution of Georgia be amended so as to make Georgia more economically competitive by authorizing legislation to uphold reasonable competitive agreements?”

HR 178 was the resolution that placed this amendment on the ballot. HB 173 is the enabling legislation for this amendment, which passed both chambers in 2010.

This amendment authorizes the enforcement of “non-compete” clauses in employment contracts of private business, relying on statutory legislation, which means that the Official Code of Georgia Annotated (O.C.G.A.) can be changed anytime the legislature is in session by a simple majority with no input by voters. This amendment would stifle growth of the economy by providing a barrier to entry to smaller, more agile firms wishing to compete in the marketplace, should they choose to employ those previously employed by a firm in that industry. While employment contracts can be an important part of an employer-employee relationship, they should not be used to punish those who seek to grow the market outside the established firms.

By stifling the growth afforded by the free market, this amendment does the opposite of its stated intention, as it protects the interests of big business, at the expense of small business growth.

The Libertarian Party of Georgia opposes this amendment and encourages a “No” vote.