National Foundation v. City of Fort Worth

OPINION

BREWSTER, District Judge.

The plaintiff brings this action seeking judgment declaring unconstitutional Chapter 32 of the Code of the City of Fort Worth, Texas, which regulates the solicitations of charitable contributions on the streets and in public places in such city.

The defendant’s challenge of jurisdiction raises a serious question. The complaint says only that the Court has jurisdiction under Title 49 U.S.C.A. § 1983 (the plaintiff obviously meant Title 42), and also under Title 28 U.S. C.A., § 1343(3), “and with respect to declaratory judgment sought herein has jurisdiction under…