Wednesday October 13, 2010
Judge Allows Pittsburgh Pro-Lifers to Distribute Voter Leaflets
ACLJ Wins Injunction in Case against Pittsburgh Ordinance Banning Voter Leaflets
By Kathleen Gilbert
PITTSBURGH, Pennsylvania, October 13, 2010 (LifeSiteNews.com) – A federal judge has halted enforcement of a Pittsburgh city ordinance that prohibits individuals from distributing leaflets on parked cars prior to the November elections.
The American Center for Law and Justice (ACLJ) had filed a federal suit challenging the constitutionality of Pittsburgh Ordinance § 601.02, which restricts residents’ ability to distribute literature on private property within the City of Pittsburgh. The ACLJ’s suit asserts that the ordinance is overbroad, vague and impinges on the constitutional rights of free speech and due process.
In a hearing Wednesday morning, U.S. District Judge David Cercone issued an order suspending the law until a November 12 hearing, during which the plaintiffs will seek a preliminary injunction. ACLJ lawyer Ed White noted that although neither the U.S. Supreme Court nor the local appeals court has ruled on the issue, three circuit courts of appeal have ruled such ordinances unconstitutional, while one has upheld a similar ban.
“One of the foundational rights of all Americans is the right to free speech,” said White in a press release Thursday. “Pittsburgh Ordinance § 601.02 fundamentally hinders the ability of the plaintiffs and all Pittsburghers to exercise their constitutional rights.”
The ACLJ complaint says the ordinance goes too far because it would impose a fine on individuals if their activity handing out fliers, even if face-to-face, leads to littering. The law’s author, Councilman Bruce Kraus, argued that the law helps cut down on litter.
ACLJ engaged the court on behalf of Kathleen A. Ramsey of Ross and Albert A. Brunn of Pittsburgh, two pro-life advocates who intend to distribute literature concerning the upcoming elections.