In Baumann v. City of Cumming, Georgia, (ND GA, Nov. 2, 2007), a Georgia federal district court issued a preliminary injunction barring the city of Cumming, Georgia from enforcing its parade and demonstration ordinance. The challenge to the ordinance was filed by Fredric Baumann who was arrested for handing out Christian gospel tracts on the sidewalk in front of the Cumming Fairgrounds without a permit. (See prior posting.) Baumann argued that the ordinance violates his First Amendment rights and is unconstitutionally vague. The City did not dispute these assertions, but only argued that Baumann lacked standing to seek an injunction. Finding that plaintiff has standing, the court continued: "Because the city’s ordinance applies to groups as small as four, effectively forbids spontaneous speech, and purports to regulate speech in all public areas, the court concludes that plaintiff will likely prove that the ordinance burdens substantially more speech than is necessary to further the city’s legitimate and important interests in public safety and the orderly flow of traffic." An Alliance Defense Fund release praised the court's decision.
