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City Attorney Updates
FOR IMMEDIATE RELEASE
September 25, 2009
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Court/Case number: U.S.D.C. 05-910 (consolidated with 09-132, 09-063, and 09-3693
City Attorney Update: September 17, 2009
Court/Case number: U.S.D.C. 05-910 (consolidated with 09-132, 09-063, and 09-3693
Court Ruling: On July 20, 2009, the United States District Court upheld the constitutionality of the City of New Orleans’ prohibition of the sale of prints in the Jackson Square area. The plaintiffs argued that the prohibition violated their rights of freedom of speech and expression under the 1st Amendment of the United States Constitution. However, the court, referencing the public hearing held by the City Council in April of 2007, stated “judicial deference should be afforded to the legislative means employed by the City Council’s consideration and ultimate decision regarding the Ordinance. Consequently, the Court found that “the bright-line prohibition of the sale of prints in Jackson Square is narrowly tailored to achieve the legitimate interest of preserving the tout ensemble of Jackson, the important artistry within that colony and the Vieux Carré in general.”
Case Summary: Plaintiffs had challenged the City’s long-standing ordinance that required that the artists in Jackson Square sell only “original works of art,” arguing that they should be allowed to sell prints.
Evelyn F. Pugh
Chief Deputy City Attorney
In House Team
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