ST. LOUIS, December 17, 2009 - The American Civil Liberties Union of Eastern Missouri (ACLU-EM) has filed a lawsuit in federal District Court asserting the right to place political leaflets on vehicles parked on public streets. The lawsuit, filed against the City of St. Louis and the St. Louis Police Department, alleges that a city ordinance prohibiting such behavior is a violation of free speech.
The plaintiffs in the case are members of Citizens for More Responsible St. Louis City Government. The group has been publicizing a petition drive that would have allowed city voters to affirm or reject a recently passed city ordinance in support of the controversial Northside Development plan. Citing concerns about eminent domain and a lack of citizen input, the petitioners hoped to halt the development from proceeding. As outreach in their effort, the plaintiffs were placing flyers on the windshields of cars parked on public streets. This activity put them in conflict with city ordinance 11.18.180, which states, “No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle without the owner’s consent.”
The lawsuit filed today claims that the ordinance violates the Constitution. “There is a long established right to free political speech while on public property. The flyers in question are clearly political in nature,” said Anthony Rothert, legal director of the ACLU of Eastern Missouri. “Our clients fear that any future leafleting activity may result in their arrest. Their right to expression is being suppressed.”
President of the organization Michael Moore explains: “Our petition drive failed by only a few hundred votes. Our efforts were slowed down by the arrest of one of our members while he was engaged in leafleting. It took us several days to determine that we were doing nothing wrong. As we gear up for future activity, we want to make sure our rights are protected.”
ACLU-EM Executive Director Brenda Jones highlights the importance of this case: “The first amendment was created for just this type of situation. Those fighting the power of city government should not have to overcome additional burdens placed upon them by that government. We all lose when information cannot be freely expressed.”
The City Counselors Office has agreed that no one will be prosecuted under ordinance 11.18.180 while the lawsuit is proceeding. The plantiffs are represented in this case by ACLU-EM cooperating attorney Nathan Howard in addition to Rothert.
