My
office off of Charlottesville's downtown mall provides me
with a great view of each day's activities in this lively
pedestrian space. On any given day, I can see the
street musicians, vendors, or the blindfolded gentleman who gives
away free hugs. However, an interesting First Amendment case
out of the Western District of Virginia is likely to ensure even
more activity on Charlottesville's downtown mall.
In a recent case, Judge Moon found that a Charlottesville
ordinance, which prohibits panhandling on the downtown mall,
violates the First Amendment of the Constitution. The
challenged ordinance specifically prohibited solicitation in a
50-foot "buffer zone" of portions of the mall. The
suit challenging the ordinance was filed in federal court over
three years ago on behalf of several homeless Charlottesville
residents and was initially dismissed by Judge Moon. But
after the Supreme Court struck down a Massachusetts "buffer
zone" law last year, localities
