Hicks v. Commonwealth

I concur with Part II of the majority opinion which holds that the circuit court did not err by refusing to remand the case to the general district court. However, I disagree with the majority’s holdings that Richmond Redevelopment and Housing Authority’s (RRHA’s) barment proceeding and “trespass policy” do not violate the First Amendment and the due process clause of the Fourteenth Amendment of the United States Constitution.

I disagree with the majority’s conclusion that the barment procedure and trespass statute, as applied in this case, restrict conduct in a “non-public forum,” which…