Pittsburgh Repeals Ordinance Banning Pro-Life Leaflets

WASHINGTON, Aug. 18, 2011 /PRNewswire-USNewswire/ -- The American Center for Law and Justice (ACLJ), focusing on constitutional law, announced today that it is extremely pleased that a legal challenge it initiated targeting an unconstitutional ordinance restricting leafleting in the City of Pittsburgh has resulted in the troubling ordinance now being repealed. The ACLJ, which filed a federal lawsuit challenging the ordinance that violated the free speech rights of Pittsburghers, said it received notification today that the Mayor of Pittsburgh has signed off on repealing the ordinance, which cleared City Council.

"From the very beginning, it was clear that this ordinance violated the First Amendment rights of our clients," said Ed White, Senior Counsel of the ACLJ. "It did take a federal lawsuit and an injunction from a federal court prohibiting the ordinance from being enforced to get this issue resolved. We're extremely pleased that this ordinance has been repealed and that Pittsburghers can once again exercise their free speech rights through the distribution of leaflets without the fear of being fined."

The ACLJ filed a federal lawsuit last fall on behalf of two pro-life advocates who wanted to distribute leaflets in the City prior to last November's election. A federal court granted the ACLJ's motion for an injunction halting the enforcement of the ordinance, which the City claimed was needed to control littering. In a decision, posted here, a federal judge noted that "Supreme Court decisions [s]uggest that preventing littering is simply not a sufficiently significant interest to preclude leafleting."

In recent months, the ACLJ has focused on efforts to permanently resolve this case. The City agreed to pay $35,000 in attorneys' fees to settle the suit and agreed to repeal the ordinance. City Council has approved legislation repealing it and the Mayor has now signed off on the repeal. The City's confirmation of the repeal is posted here.

Pittsburgh attorney Noah P. Fardo of the law firm Flaherty Fardo LLC assisted the ACLJ on the case. In reacting to the City's decision to repeal the ordinance, Fardo stated: "Chalk up one for the Constitution."

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.  The ACLJ is online at www.aclj.org.

MEDIA  CONTACT:  
Gene Kapp  (757) 575-9520

SOURCE American Center for Law and Justice

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