Federal judge sides with Open Carry Tarrant County in fight over Arlington’s sidewalk ordinance
Almost two months after Open Carry Tarrant County challenged Arlington’s ordinance prohibiting pedestrians from handing out literature to motorists passing through busy intersections, a federal judge has handed the long-gun-toters a victory by granting their request for a temporary restraining order. The order, signed by U.S. District Judge Reed O’Connor, enjoins Arlington from enforcing the ordinance until the matter’s resolved in a trial.
Members of Open Carry Tarrant County had been handing out pamphlets and pocket-sized copies of the U.S. Constitution during regular demonstrations. Following a run-in with police officers in March, the Arlington City Council made it illegal for anyone to approach vehicles and pass out literature; Arlington officials said it was all about safety first. But Kory Watkins and Open Carry Tarrant County said the law infringed on their First Amendment rights. O’Connor agrees, pointing out that “Arlington’s streets and sidewalks are traditional public fora” and that Arlington’s ordinance trampled on the group’s right to free speech.
“Rather than merely prohibiting people from entering roadways to interact with occupants of vehicles, amended Section 15.02 prohibits pedestrians from interacting with occupants of vehicles even while the pedestrian is standing on the sidewalk or on the shoulder and the vehicle is stopped,” O’Connor writes. “The amended Section 15.02 also establishes 500 and 1000 foot zones for the intersections listed in Sections 15.03(A.) and (B.), but the City failed to provide any evidence as to how these zones were determined. These restrictions burden substantially more speech than is necessary to further Arlington’s interests in pedestrian and traffic safety.”
Adds O’Connor in his 26-page ruling, “Arlington also has a number of less restrictive means of achieving its stated goals of pedestrian and traffic safety.”
More at http://thescoopblog.dallasnews.com/2014/07/federal-judge-sides-with-open-carry-tarrant-county-in-case-over-arlingtons-sidewalk-ordinance.html/ .
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