ILNews

ACLU of Indiana claims ordinances on door-to-door canvassing violate First Amendment

Back to TopCommentsE-mailPrintBookmark and Share

The ACLU of Indiana announced Thursday it has filed lawsuits against the town of Yorktown and the city of Jeffersonville because their ordinances regulating the activities of door-to-door canvassers violate the right to free expression under the U.S. Constitution.

The lawsuits were filed on behalf of the Citizens Action Coalition of Indiana, a nonprofit dedicated to issues such as health care, political participation and environmental well-being. The organization routinely uses canvassing in residential neighborhoods to reach out to residents.

Yorktown and Jeffersonville passed ordinances last year that require canvassers to go through “lengthy and cost-prohibitive licensing procedures before soliciting door-to-door in those communities,” the ACLU of Indiana says in a press release.

The ordinances restrict canvassing activity to certain hours and allow a license action to be denied at the discretion of government officials. Those fees and directives violate the First Amendment, says ACLU of Indiana staff attorney Gavin M. Rose.

“The U.S. Supreme Court has long recognized the importance of residential canvassing in ensuring a robust debate on public issues," Rose said. “The First Amendment does not permit the government to curtail this activity in the manner chosen by both Yorktown and Jeffersonville simply because canvassers also ask for voluntary donations.”

Citizens Action Coalition of Indiana Inc v. Town of Yorktown, 1:12-CV-422, was filed in the Indianapolis Division of the Southern District of Indiana. The case has been referred to Magistrate Judge Denise K. LaRue. Citizens Action Coalition of Indiana v. City of Jeffersonville, 4:13-CV-38, was filed in the New Albany Division and referred to Magistrate Judge William G. Hussmann Jr.  

The lawsuits seek a preliminary injunction and later permanent injunction enjoining the enforcement of the ordinances.

William Groth of Fillenwarth Dennerline Groth & Towne LLP and Jennifer Washburn of Citizens Action Coalition are assisting the ACLU of Indiana in both cases.


 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

ADVERTISEMENT