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CLATTERBUCK v. CITY OF CHARLOTTESVILLE

Nos. 12-1149, 12-1215.

708 F.3d 549 (2013)

Albert CLATTERBUCK; Christopher Martin; Earl Mccraw; John Jordan; Michael Sloan, Plaintiffs-Appellants, v. CITY OF CHARLOTTESVILLE, Defendant-Appellee. The Thomas Jefferson Center for The Protection of Free Expression, Amicus Supporting Appellants. Albert Clatterbuck; Christopher Martin; Earl McCraw; John Jordan; Michael Sloan, Plaintiffs-Appellees, v. City of Charlottesville, Defendant-Appellant. The Thomas Jefferson Center for The Protection of Free Expression, Amicus Supporting Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: February 21, 2013.

Attorney(s) appearing for the Case

ARGUED: Jeffrey Edward Fogel , Charlottesville, Virginia, for Appellants/Cross-Appellees. Richard Hustis Milnor , Taylor Zunka Milnor & Carter, Ltd., Charlottesville, Virginia, for Appellee/Cross-Appellant. ON BRIEF: Steven D. Rosenfield , ACLU of Virginia, Charlottesville, Virginia; Rebecca K. Glenberg , Thomas O. Fitzpatrick , American Civil Liberties Union of Virginia Foundation, Inc., Richmond, Virginia, for Appellants/Cross-Appellees. J. Joshua Wheeler , Clayton N. Hansen , The Thomas Jefferson Center For The Protection of Free Expression, Charlottesville, Virginia, for Amicus Supporting Appellants/Cross-Appellees.

Reversed and remanded by published opinion. Judge DUNCAN wrote the opinion, in which Judge AGEE and Judge DAVIS joined.

OPINION

DUNCAN, Circuit Judge:

This case presents the question of whether a municipal ordinance, which prohibits individuals from soliciting immediate donations near two streets that run through the Downtown Mall in Charlottesville, Virginia, unconstitutionally restricts the free speech of individuals who regularly beg on the Downtown Mall. We hold that the district court erred by resolving this issue at the pleadings stage, and reverse and remand for further...

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