1. Home
  2. Browse Decisions
  3. F.3d
  4. 708 F.3d
  5. 708 F.3d 549 (2013)
 

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...

NEVER MISS A DECISION. START YOUR SUBSCRIPTION.

Uncompromising quality. Enduring impact.
Your support ensures a bright future for independent legal reporting.

As you are aware we have offered this as a free subscription over the past years and we have now made it a paid service.Look forward to your continued patronage.

GET STARTED
OR

Read it with your Leagle account.
Sign in to continue


Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases