Friday, September 21, 2012

Preacher Sues Challenging Part of New Orleans Aggressive Solicitation Law

Last year, New Orleans (LA) enacted an extensive "Aggressive Solicitation" ordinance applicable to the French Quarter. (New Orleans City Code Sec. 54-419). Yesterday, the pastor of a church in the French Quarter who regularly preaches and hands out tracts or carries signs on the streets in the area filed a federal lawsuit challenging one provision in the ordinance that prohibits loitering or congregating on Bourbon Street "for the purpose disseminating any social, political, or religious message between the hours of sunset and sunrise." According to the complaint (full text) in Gros v. City of New Orleans, (ED LA, filed 9/20/2012): "Because Pastor Gros firmly believes a large number of people found on Bourbon Street at night desperately need to have saving faith in Jesus Christ, he wants to go there at that time and share the gospel message with them." The complaint contends that the challenged provision is an unconstitutional content-based restriction on speech. It also argues that the ban on "social" messages is void for vagueness. Plaintiffs also filed a motion for a preliminary injunction. (Full text). Alliance Defending Freedom issued a press release announcing the filing of the lawsuit. AP also reports on the lawsuit.