Ayres v. City Of Chicago

125 F.3d 1010 (7th Cir. 1997)

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Nature of the Case

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Facts

The City of Chicago (D) had a Peddlers’ Ordinance That ordinance forbids the peddling of any merchandise except newspapers on either public property or private property in districts designated by the city council. Much of downtown Chicago was designated as a district closed to peddling. The police took a position that the ordinance was inapplicable to persons who distribute or sell material containing political or religious ideas. Ayres (P) was the head of a group called the Marijuana Political Action Committee which distributed T-shirts with logos and slogans as its principal means to propagate its views. The sales of these T-shirts were the principal source of the group’s revenues. In 1996, the police changed their policy and began ticketing P for violation of the ordinance. P sued claiming that her First Amendment rights were violated. P pled guilty to violating the ordinance but sought to enjoin the ordinance so her followers could sell the T-shirts. The district court granted the injunction but allowed not more than five of P’s members to engage in peddling at festivals sponsored by D. D appealed.