Ruling in First Amendment Suit Strikes Down Charlottesville Panhandling Ordinance
My office off of Charlottesville’s downtown mall provides me
with a great view of each day’s activities in this lively pedestrian
space. On any given day, I can see the street musicians, vendors, or
the blindfolded gentleman who gives away free hugs. However, an interesting First Amendment case
out of the Western District of Virginia is likely to ensure even more activity
on Charlottesville’s downtown mall.
In a recent case, Judge Moon found that a Charlottesville ordinance, which prohibits panhandling on the downtown mall,
violates the First Amendment of the Constitution. The challenged ordinance
specifically prohibited solicitation in a 50-foot “buffer zone” of portions of
the mall. The suit challenging the ordinance was filed in federal court over three
years ago on behalf of several homeless Charlottesville residents and was initially
dismissed by Judge Moon. But after the
Supreme Court struck down a Massachusetts “buffer zone” law last year,
localities around the country have seen similar laws overturned by the courts. In this suit, Judge Moon found that the City improperly
focused on panhandlers when creating its ordinance and struck down the ordinance because it prohibits a certain type of speech. Free speech advocates seem pleased with the
ruling, while downtown business owners seem concerned about aggressive solicitation
in areas with high foot-traffic.
For more information on the case, check out a recent Daily
Progress article, found here.
Labels: charlottesville, civil litigation, constitutional law, downtown mall, first amendment, judge moon, wdva
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