News
Government
Aug. 9, 2002
Court Revives Suit by Door-to-Door Canvassers
LOS ANGELES - A federal appeals court Thursday revived part of a lawsuit challenging a Los Angeles city ordinance that governs solicitations by charities.
The 9th U.S. Circuit Court of Appeals sent back to the trial court Gospel Missions of America's complaint that the ordinance's requirements to earn a police "endorsement" of Los Angeles charities were unconstitutional.
Gospel Mission has been fighting the Los Angeles ordinance since 1992, when the city raided some of its houses.
The portion of the lawsuit that survived concerns the ministry's objection to the amount of information that the Police Department requires before the police endorse a charity.
The endorsement appears on a city-issued information card that each charity must display when soliciting funds. To earn the endorsement, the charity must submit to an investigation, among other requirements.
Providing the information violates the ministry's First Amendment rights, its lawyers argue.
Several other parts of Gospel Mission's suit did not survive, including its claim that the city of Los Angeles was in contempt of court for enforcing its charities ordinance in the first place.
"There were a lot of other issues which were upheld," John Werlich, attorney with the Los Angeles city attorney's airport division, said. "We're talking about 50 different sections they were challenging."
Rhonda Fosbinder of Fosbinder and Fosbinder, counsel for Gospel Missions, called the court's decision disappointing.
"I think it should be found unconstitutional that the city can endorse or not endorse a charity, and you're required to put that on your information card. It makes a huge difference to charities," Fosbinder said. "You could be a small charity starting out, and just because the city doesn't endorse you, doesn't mean you're a not a legitimate charity that has a right to solicit."
In its opinion, the 9th Circuit noted a 2002 U.S. Supreme Court decision that invalidated an Stratton, Ohio, law requiring Jehovah's Witnesses canvassing door-to-door to obtain and display a permit. Watchtower Bible and Tract Society of New York Inc. v. Village of Stratton, 122 S. Ct. 2080 (2002).
But it said a different U.S. Supreme Court decision, Riley v. National Federation of the Blind of North Carolina, 487 U.S. 781 (1988), was more important to Gospel Mission's case. In Riley, the Supreme Court said that forcing charities to disclose information should be subject to First Amendment scrutiny.
"Since the ordinance in Stratton regulated canvassing in general and not just charitable solicitations, we conclude that Riley still controls our decision," Judge J. Clifford Wallace wrote.
The 9th Circuit told the trial court to review the endorsement requirements, "consistent with the Supreme Court's decision in Riley," and decide if they were unconstitutional.
"I think that the Watchtower case should have been applied more broadly in this case," Fosbinder said.
Werlich said he didn't think the Supreme Court's Watchtower decision influenced the 9th Circuit's ruling Thursday.
Gospel Missions is a religious charity that "provides ministry and shelter to homeless individuals," the opinion says. The organization runs shelters in Rowland Heights.
"The church owns houses, and the people room together, go to church together, and they go out and solicit money," Fosbinder said.
Gospel Missions' battle with the city of Los Angeles began in 1992, when the county of Los Angeles raided five of its properties because the Sheriff's Department suspected Gospel Missions "might be violating city and county charitable solicitation laws," the opinion says.
After the raid, Gospel Missions sued Los Angeles and the county for raiding it wrongfully, arguing that several parts of Los Angeles' charitable solicitation laws were unconstitutional.
Gospel Missions won the suit, and the city was required to change its ordinance in 1997.
But Gospel Missions sued the city again after the city tried to enforce its new, amended ordinance at Los Angeles International Airport, where Gospel Missions' members like to solicit.
Both Fosbinder and Werlich said they were considering asking for a rehearing of the decision.
The appeals court returned the case to U.S. District Judge Steven V. Wilson, who had dismissed the Gospel Missions' lawsuit.
#337184
Katherine Gaidos
Daily Journal Staff Writer
For reprint rights or to order a copy of your photo:
Email
Jeremy_Ellis@dailyjournal.com
for prices.
Direct dial: 213-229-5424
Send a letter to the editor:
Email: letters@dailyjournal.com