New Website for Womble Carlyle's Charlottesville Office

Womble Carlyle's Charlottesville Office has a new website.  We're still trying to find the perfect photograph to represent Charlottesville's spirit.  Something that captures both Charlottesville's rich history and bright future; its pastoral landscapes and burgeoning economic development; its small town feel and world-class research and development.  The current picture is the view outside our offices on the Downtown Mall.

Womble Carlyle and Charlottesville are a good fit for many reasons.  One of which is our focus on the Impact Economy -- the concept of doing good while doing well.  This new market force is underpinned by public institutions and private companies, entrepreneurs and investors, who combine the desire to achieve financial success with social responsibility.  Womble Carlyle is the first law firm in the country to launch an integrated, full-service Impact Economy practice that covers virtually all Impact sectors, including housing, environment, education, economic development, healthcare and energy.

The concept of an Impact Economy is readily apparent in Charlottesville's innovation community.  The National Venture Capital Association recently ranked Charlottesville as the fastest-growing venture capital market in the United States.  Academic research at the University of Virginia is the driving force behind much of this growth.  Sean Carr, Executive Director of the Batten Institute for Entrepreneurship and Innovation at UVa explained that "this latest news about growth in funding opportunities in our area provides some early evidence that Charlottesville has the potential to be one of the nation's best environments for starting and developing high-impact and high-growth ventures."

By their very nature, many of these start-ups begin as a good idea to addresses a need or social problem.  That idea, often created within an academic environment, is then developed and spun off into a money making venture.  The academic or social goal that served as a genesis for the new company need not be abandoned.  To the contrary, profit and social responsibility can work together.  This is a perfect example of the Impact Economy at work.

Womble Carlyle's Impact Team strives to provide strategic and advisory services to our clients in addition to legal services.  We believe that impact-focused businesses can be most effective when they engage trusted advisors to help them creatively respond to the unique challenges presented by the business of addressing and solving social problems.  You can read more about Impact issues here and learn more about Womble Carlyle's Charlottesville office here.

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.  

Summary Judgment Hearing On First Amendment Challenge To Charlottesville's Panhandling Ban

On Thursday, November 21, Judge Moon heard arguments on summary judgment motions in a case challenging Charlottesville's panhandling ban under the First Amendment.  Judge Moon had originally dismissed the case, but the Fourth Circuit reversed that decision in February.

The arguments during the summary judgment hearing focused on whether the City targeted a specific form of speech or whether the City regulated speech in a neutral way, and whether the ban was broader than reasonably necessary.  The ordinance bans panhandling within 50 feet of two vehicle crossings on the Downtown Mall.  The City justifies the ban as a content-neutral regulation that protects public safety.

The Daily Progress quotes Judge Moon as saying: "The way I see this case, frankly, is whether 50 feet, on either side is too much....  I thought the big problem would be the distraction to divers and the danger to pedestrians."

Counsel for the plaintiffs -- a group of homeless men who want to panhandle on the Downtown Mall -- argued "Panhandlers, for the most part, including my clients, sit passively with a sign along the walls of the Downtown Mall.  They don't stop people."

The attorney for the City of Charlottesville argued that the 50 foot ban was reasonable, especially given the other areas where panhandling is allowed: "What we are dealing with is 200 feet total ... on two crossings on a mall that is one-third of a mile long and 60 feet wide."

Judge Moon is not expected to rule for another two months.  Trial is scheduled in the Western District of Virginia for March 3, 2014.