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DAVENPORT v. CITY OF ALEXANDRIA, VA.

No. 81-1909.

710 F.2d 148 (1983)

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 June 22, 1983.

Attorney(s) appearing for the Case

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

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

Before WINTER, Chief Judge, and RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN and CHAPMAN, Circuit Judges, sitting

Heard En Banc December 7, 1982.

ERVIN, Circuit Judge:

This appeal arises out of a challenge by Lee Davenport, a street musician, to the constitutionality of Ordinance No. 2609 of the City of Alexandria, Virginia. Ordinance No. 2609 prohibits performances and exhibitions on the sidewalks, walkways or other public property of the central business district of Alexandria, and Davenport claims this infringes his first amendment right1

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