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Sunday, March 22, 2015

Ind. Gov't. - "Yorktown changes ordinance after ACLU case"

As the ILB reported in these posts from Oct. 1 and Oct. 3, 2014, federal district court Judge Richard Young on Sept. 30th, 2014 granted summary judgment to the Citizens Action Coalition (CAC) in their lawsuit challenging the constitutionality of the Town of Yorktown's ordinance: Whether the prohibition of door-to-door canvassing and solicitation after the hour of 9:00 p.m. or sunset, whichever is earlier, comports with the First Amendment.

Corey Ohlenkamp reports today in the Muncie Star-Press:

YORKTOWN – A lawsuit over door-to-door solicitation regulations has cost Yorktown around $90,000, and ultimately resulted in the town's ordinance being changed anyway. * * *

In October 2014, the U.S. District Court Southern District of Indiana granted a motion for summary judgment by the Citizens Action Coalition, and banned Yorktown from enforcing the ordinance that allowed solicitors "until dusk."

The town was ordered to pay $62,000 by the court, and additional fees and costs raised the total to almost $90,000. The payout by the town was handled in the January Yorktown Town Council meeting. * * *

Several audience members at the March meeting were taken aback by the amount of money that the town was fined for during the case. That reaction was also expressed by council member Rick Glaub.

"It was obviously an expensive mistake," said Glaub, who said he had reservations about fighting the CAC in the first place.

Council member Bob Ratchford, who was president at the time of the lawsuit, reminded the public that the actions taken by the town were on the recommendation of both the town's legal advisers, town manager and police chief when the issue first arose.

Posted by Marcia Oddi on March 22, 2015 07:32 PM
Posted to Indiana Government