Monday, August 11, 2014
Street Preacher's Challenge To Permit Requirements Dismissed
In Craft v. Village of Lake George, New York, (ND NY, Aug. 7, 2014), a New York federal district court dismissed free speech, free exercise and equal protection challenges by a street preacher to the permit requirements of a resort town in New York's Adirondacks. His "as applied" challenge to the solicitation permit requirements was dismissed because he denies ever soliciting money from passersby. Thus "he could not be deprived of what he did not attempt or intend to exercise." HIs facial challenge to the seasonal permit requirement for handing out leaflets was held to be moot because the village subsequently made "sweeping changes" to the provisions of the Village Code being challenged.