FEDERAL JUDGE BLOCKS LAX SOLICITATION LAW.Byline: Patrick McGreevy Daily News Staff Writer A federal judge on Wednesday blocked enforcement of a new city law barring solicitations for charitable contributions at LAX until a hearing can be held on a claim that the measure violates free-speech rights. U.S. District Judge John Davies John Davies may refer to:
``It's a pretty draconian measure,'' said David Liberman, an attorney for the charitable groups. ``This bans a tremendous amount of speech.'' The ordinance, approved April 1 by the City Council, was set to take effect today and would prohibit people from asking for monetary contributions at Los Angeles International Airport “LAX” redirects here. For other uses, see LAX (disambiguation). “KLAX” redirects here. For other uses, see KLAX (disambiguation). Los Angeles International Airport (IATA: LAX, ICAO: KLAX, FAA LID: LAX and on surrounding sidewalks and parking lots. Councilwoman Ruth Galanter Ruth Galanter was a city councilwoman from Los Angeles. She served as President Pro-Tempore and President of the city council. , whose district includes LAX, pressed for the ban after receiving numerous complaints from air travelers who said they had to run a gantlet of people asking for money. Galanter said she was told by the city's attorneys that the ordinance approved by the council would withstand a court challenge. Airport Department officials have cited a recent U.S. Supreme Court decision upholding a similar law in New York New York, state, United States New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of as a sign that the measure is lawful. ``We're still confident and hopeful we have a good position and it is not unreasonable given the mission of the airport to ban solicitation,'' said Airport Department spokeswoman Cora Fossett. However, the lawsuit charges that the Los Angeles ordinance goes beyond the New York law to also ban solicitation of donations in parking lots and on sidewalks. The lawsuit also said the previous court decision did not address all of the free-speech and freedom-of-religion issues involved in the Los Angeles law, which Liberman charged goes further in prohibiting any verbal communication by solicitors. ``The city's interest in avoiding annoying speech cannot justify sweeping restrictions imposed by (the ordinance),'' the lawsuit says. Citing the landmark case landmark case Law & medicine A civil or, far less commonly, criminal action that has had an impact on a particular area of medicine. of Hustler magazine vs. evangelist Jerry Falwell, the lawsuit adds, ``It has long been recognized that speech may not be banned because `it may have an emotional impact on the audience.' '' The lawsuit also alleges the city failed to provide evidence of problems, including fraud, that were cited by officials who drafted the ordinance. Although Davies did not rule on the merits on the merits adj. referring to a judgment, decision or ruling of a court based upon the facts presented in evidence and the law applied to that evidence. A judge decides a case "on the merits" when he/she bases the decision on the fundamental issues and considers of the lawsuit, Liberman said the judge made comments indicating he has questions about the city law. ``He saw enough merit to issue the temporary restraining order,'' Liberman said. ``It's a good sign.'' |
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