Roulette v. City of Seattle

Two aspects of the majority opinion are troublesome. First, the majority requires plaintiffs mounting a First Amendment challenge to show that the challenged ordinance restricts conduct that is “integral to, or commonly associated with, expression.” Maj. at 305. Second, the majority fails to analyze Seattle’s sidewalk ordinance under traditional time, place, and manner standards.

I

Seattle’s sidewalk ordinance bans lying or sitting on sidewalks in the city’s business areas between the hours of 7:00 a.m. and 9:00 p.m. SMC § 15.48.040(A).1 The sidewalk ordinance thus makes it illegal for people…