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7th Circuit Invalidates City's Handbilling Restrictions

By Howard M. Friedman

In Horina v. City of Granite City, Illinois, (7th Cir., Aug. 7, 2008), the U.S. 7th Circuit court of Appeals, in a 2-1 decision, held that a city ordinance regulating the distribution of handbills is unconstitutional. In a challenge brought by a born-again Christian who regularly placed pro-life literature and Gospel tracts on the windshields of cars parked near a women's clinic that provides abortions, the court held that the city's restrictions had not been justified as legitimate time, place and manner restrictions. Granite City had failed at trial to introduce any evidence that the ordinance was needed to combat litter, intrusion, trespass or harassment. The ordinance was not narrowly tailored and failed to leave open ample alternative channels of communication. The court however held that the trial court's award of compensatory damages to plaintiff was not justified by the record and reduced the amount of attorneys fees that the trial court had awarded.

Judge Manion dissenting in part argued that the ordinance was a valid time, place and manner regulation and that "common sense" can be used to demonstrate the City?s substantial governmental interest in enacting the ordinance. On Friday, the Thomas More Society issued a release supporting the decision.

Full post as published by Religion Clause on August 10, 2008 (boomark / email).