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UNITED STATES DISTRICT COURT |
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| AMERICAN CHARITIES FOR REASONABLE FUNDRAISING REGULATION, INC., THE CREATIVE ADVANTAGE, INC., and NORMAN W. LEAHY, Plaintiffs, |
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| vs. | CASE NO. 97-2058-CIV-T-17B |
| PINELLAS COUNTY, a political subdivision of the State of Florida, NUGENT WALSH, as chairperson of the Charitable Solicitations Board of Pinellas County, and SHERYL LORD, as Director of Consumer Protection of Pinellas County, Defendants. |
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DEFENDANTS' MOTION FOR SUMMARY JUDGMENT
The Defendants, by and through their undersigned attorney, pursuant to Rule 56 of the Federal Rules of Civil Procedure, and the standard of review set forth in Celotex Corp. v. Catrett, 477 U.S. 317 (1986), move this Court for an Order granting summary judgment in favor of the Defendants as against the Plaintiffs. This motion is made on the following grounds.
Pursuant to the standard set forth in Celotex, there is no genuine issue as to any material fact and the moving parties, the Defendants, are entitled to a judgment as a matter of law. Id. at 322.
The Pinellas County Charitable Solicitations Ordinance (Section 42-266, et. seq., Pinellas County Code [1993], as amended), is a valid regulation of professional fundraising solicitors and consultants under the First Amendment to the United States Constitution. In accordance with First Amendment analysis as set forth under Village of Schaumburg v. Citizens for a Better Environment, 444 U.S. 620, 100 S.Ct. 826 (1980), and its progeny, the ordinance serves a substantial state interest and is narrowly tailored to that interest.
The ordinance is also a valid regulation of professional fundraising solicitors and consultants under the Due Process Clause of the Fourteenth Amendment to the United States Constitution. In accordance with due process analysis as set forth under International Shoe Co. v. Washington, 326 U.S. 310, 66 S.Ct. 154 (1945), Burger King Corp. v. Rudzewicz, 471 U.S. 462, 105 S.Ct. 2174 (1985), and other applicable case law, the Plaintiffs are subject to the County's jurisdiction, having "purposefully directed" its efforts toward Pinellas County residents and purposefully availed itself of the benefits of an economic market in Pinellas County, such that it is on fair notice it may be subject to suit or regulation in Pinellas County.
The ordinance is also a valid regulation of professional fundraising solicitors and consultants under the Commerce Clause of the United States Constitution. In accordance with dormant Commerce Clause analysis under Pike v. Bruce Church, Inc., 397 U.S. 137, 90 S.Ct. 844 (1970), its progeny, and other applicable case law, the ordinance is a valid regulation of matters of "legitimate local concern," with only incident impact on interstate commerce.
Based on the undisputed facts, the Defendants are entitled to judgment as a matter of law.
Respectfully submitted,
______________________________
CARL E. BRODY, JR.
Assistant County Attorney
315 Court Street
Clearwater, FL 33756
(813) 464-3354
FL Bar #0102229
Attorney for Defendants
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been furnished by U. S. Mail to ALISON M. STEELE, ESQ., Rahdert, Anderson, McGowan & Steele, P.A., 535 Central Avenue, St. Petersburg, FL 33701, CLIFFORD PERLMAN, ESQ., Perlman & Perlman, 220 Fifth Avenue, New York, NY 10001, SETH PERLMAN, ESQ., Perlman & Perlman, 220 Fifth Avenue, New York, NY 10001, and GEOFFREY W. PETERS, ESQ., Geoffrey W. Peters, P.C., 9024 Trailridge Court, Vienna, VA 22182, this 10th day of June, 1998.
______________________________
CARL E. BRODY, JR.
Assistant County Attorney