PROJECT 80'S, INC. v. CITY OF POCATELLO

No. 86-4348.

857 F.2d 592 (1988)

PROJECT 80'S, INC. and David John Fitzen, Plaintiffs-Appellants, v. CITY OF POCATELLO and The City of Idaho Falls, Idaho, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 15, 1988.


Attorney(s) appearing for the Case

F. Michael Burkett, Boise, Idaho, for plaintiffs/appellants.

Nancy A. Ferris, Pocatello, Idaho, for defendant/appellee City of Pocatello and Joseph C. Burgess, Idaho Falls, Idaho, for defendant/appellee City of Idaho Falls.

Before CANBY, REINHARDT and BEEZER, Circuit Judges.


CANBY, Circuit Judge:

This action challenges the constitutionality of two ordinances that ban uninvited residential door-to-door solicitation. The district court concluded that the ordinances did not violate appellants' First Amendment right of commercial speech, and it accordingly granted summary judgment for the defendants. We reverse.

FACTS

The two ordinances are almost identical. The Idaho Falls ordinance provides:

UNINVITED PEDDLERS...

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