Results 1 to 8 of 8

Thread: Open Carry Tarrant County challenges Arlington ordinance

  1. #1
    Regular Member stealthyeliminator's Avatar
    Join Date
    Dec 2008
    Location
    Texas
    Posts
    3,318

    Open Carry Tarrant County challenges Arlington ordinance

    Open Carry Tarrant County challenged an Arlington ordinance prohibiting the distribution of literature and a federal judge issued a restraining order preventing the ordinance from being enforced until the constitutionality can be decided in court

    http://thescoopblog.dallasnews.com/2...rdinance.html/
    Advocate freedom please

  2. #2
    Regular Member
    Join Date
    Jun 2012
    Location
    Florida
    Posts
    1,095
    Quote Originally Posted by stealthyeliminator View Post
    Open Carry Tarrant County challenged an Arlington ordinance prohibiting the distribution of literature and a federal judge issued a restraining order preventing the ordinance from being enforced until the constitutionality can be decided in court

    http://thescoopblog.dallasnews.com/2...rdinance.html/
    'Reasonable', content neutral, time & place restrictions to the First Amendment have been upheld by the United States Supreme Court. This case will hinge on whether it's reasonable (public safety) to restrict folks from go into traffic to hand out...anything.

    I have a feeling the City will win this one.

  3. #3
    Regular Member stealthyeliminator's Avatar
    Join Date
    Dec 2008
    Location
    Texas
    Posts
    3,318
    Yeah, I'm not sure. But I'm glad the city has been restrained, albeit temporarily. I feel like they may have to change the wording of the ordinance. As far as the fact of the matter goes, the group I'm in has handed out hundreds of pamphlets to hundreds of drivers with no safety issues. I'm sure it's possible to cause a traffic hazard but it would also be entirely possible to address safety concerns without prohibiting the practice entirely.
    Advocate freedom please

  4. #4
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,838
    Quote Originally Posted by stealthyeliminator View Post
    Yeah, I'm not sure. But I'm glad the city has been restrained, albeit temporarily. I feel like they may have to change the wording of the ordinance. As far as the fact of the matter goes, the group I'm in has handed out hundreds of pamphlets to hundreds of drivers with no safety issues. I'm sure it's possible to cause a traffic hazard but it would also be entirely possible to address safety concerns without prohibiting the practice entirely.
    Judges who issue out temp. orders usually will follow-up with permanent ones ... reading the memo of decision it seems as if there will be no way out for the town.

    I have no idea how they can change the ordinance w/o running afoul of the judge's laid out reasoning. The only thing I could see is to put an age restriction .. maybe for minors

  5. #5
    Regular Member OC for ME's Avatar
    Join Date
    Jan 2010
    Location
    White Oak Plantation
    Posts
    12,273
    Firefighters with boots in hand, at intersections, looking for donations, are gunna be a thing of the past...no?
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

  6. #6
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,838
    Quote Originally Posted by OC for ME View Post
    Firefighters with boots in hand, at intersections, looking for donations, are gunna be a thing of the past...no?
    Just ask them for donations for another person who died on the job .. a fisherman perhaps ... see if they give you any money.

  7. #7
    Regular Member stealthyeliminator's Avatar
    Join Date
    Dec 2008
    Location
    Texas
    Posts
    3,318
    Quote Originally Posted by OC for ME View Post
    Firefighters with boots in hand, at intersections, looking for donations, are gunna be a thing of the past...no?
    This is how the ordinance was amended to read, it looks like in May. It was amended specifically to target OCTC's activities and prevent them from continuing to hand out open carry information and pocket constitutions.

    Section 15.02 Prohibited Acts
    A.
    A person commits an offense if he or she stands on or in any manner occupies a shoulder, improved shoulder, sidewalk, median or public right-of-way in the areas set out in Section 15.03 to solicit or attempt to solicit for purpose of an exchange with the occupants of a vehicle, sell or offer for sale any merchandise or service directly to the occupants of a vehicle, or distributes or attempts to distribute any object directly to the occupants of a vehicle, other than a lawfully parked vehicle.
    B.
    This Section does not relieve responsibility for compliance with all federal, state, and local laws, ordinances, rules, and regulations. (Amend Ord 14 - 024, 5/13/14)

    Edit: I'm not sure if I have the most updated version of the ordinance...

    Edit again: It was amended after two members were cited under 15.02, threatened to sue the city, and those charges were dropped. It was amended specifically to target OCTC's activities and attempt to strengthen the ordinance to be used against them.
    Last edited by stealthyeliminator; 07-15-2014 at 11:53 AM.
    Advocate freedom please

  8. #8
    Regular Member stealthyeliminator's Avatar
    Join Date
    Dec 2008
    Location
    Texas
    Posts
    3,318
    http://www.star-telegram.com/2014/07...free.html?rh=1


    Star telegram describes it as Arlington's attorneys being 'schooled'

    Lol
    Advocate freedom please

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •