United States Fourth Circuit

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Clatterbuck v. City of Charlottesville, 12-1149

In 1983 action challenging the constitutionality of a municipal ordinance, which prohibits individuals from soliciting immediate donations near two streets that run through the Downtown Mall in Charlottesville, as restricting the free speech of individuals who regularly beg on the Downtown Mall, judgment dismissing the suit is reversed and remanded, where: 1) plaintiffs do have standing; and 2) the district improperly dismissed the case at the pleadings stage because the ordinance is not content-neutral as a matter of law, and the proper standard cannot be determined, or applied, at this stage of the proceedings.

Appellate Information

  • Decided 02/21/2013
  • Published 02/21/2013

Judges

  • DUNCAN

Court

  • United States Fourth Circuit

Counsel

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