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DAVENPORT v. CITY OF ALEXANDRIA, VA.

No. 81-1909.

683 F.2d 853 (1982)

Lee DAVENPORT, Appellee, v. CITY OF ALEXANDRIA, VIRGINIA, Charles Strobel, Chief of Police, Douglas Harman, City Manager, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided July 21, 1982.

Attorney(s) appearing for the Case

Barbara P. Beach, Asst. City Atty., Alexandria, Va., for appellants.

Alan L. Cohen, Alexandria, Va. (Kenneth E. Labowitz, Labowitz & Labowitz, Alexandria, Va., on brief), for appellee.

Before MURNAGHAN and CHAPMAN, Circuit Judges, and KISER, District Judge.

CHAPMAN, Circuit Judge:

The City of Alexandria, Virginia, appeals from the order of the district court holding part of City Ordinance No. 2609 unconstitutional. The ordinance regulates the use of public sidewalks, walkways and other public property in the city's central business district for certain activities. Appellee, Lee Davenport, a street musician, challenges the ordinance as unreasonable in time, place and manner as a restriction of his First Amendment right...

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