Legal Opinion
State v. Boehler
Court of Appeals of Arizona
Decided September 13, 2011No. 1 CA-CR 10-0297PublishedCited by 1 opinion
1Opinion of the Court
OPINION
JOHNSEN, Judge.
¶ 1 In this ease we invalidate on First Amendment grounds a section of a Phoenix ordinance that bans panhandlers and other solicitors from orally asking passersby for cash after dark. We hold the measure is unconstitutional because it is not narrowly tailored to serve legitimate government interests. Accordingly, we reverse the convictions of three men cited for violating the ordinance by asking passersby for money after an evening baseball game in downtown Phoenix.
FACTS AND PROCEDURAL HISTORY
¶ 2 After receiving complaints about downtown panhandling, Phoenix police…
2Cases cited45 opinions
- United States v. SalernoSupreme Court of the United States · 1987
- Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
- Ward v. Rock Against RacismSupreme Court of the United States · 1989
- Perry Education Ass'n v. Perry Local Educators' Ass'nSupreme Court of the United States · 1983
- R. A. v. v. City of St. PaulSupreme Court of the United States · 1992
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3Cited by1 opinion
- Coleman v. City of MesaCourt of Appeals of Arizona · 2011