Reynolds v. Middleton

Plaintiff filed suit challenging Henrico County's ordinance prohibiting solicitation within county roadways. Plaintiff is homeless and supports himself by soliciting donations in the County. The district court granted summary judgment for the County, concluding that the ordinance is content-neutral and a narrowly tailored time, place, and manner restriction on speech. Plaintiff argued on appeal that the County bears the burden of proof and that the County's evidence was insufficient to establish that the ordinance is narrowly tailored or that it leaves open ample alternative channels of communication. McCullen v. Coakley held that a content-neutral regulation is narrowly tailored if it does not burden substantially more speech than is necessary to further the government's legitimate interests. McCullen clarified the law governing the evidentiary showing required of a governmental entity seeking to uphold a speech restriction under intermediate scrutiny. Because the parties did not have McCullen's guidance at the time they prepared their cross motions for summary judgment, the court vacated the district court's order and remanded for further factual development and proceedings under McCullen's standard. View "Reynolds v. Middleton" on Justia Law