Acorn and Liz Wolff v. City of Phoenix and the Chief of Police of the City of Phoenix, Defendants

ACORN, a political action organization, and its local leader, Liz Wolff, appeal the district court’s holding that the City of Phoenix acted constitutionally in preventing organization members from accosting the drivers and passengers of automobiles temporarily stopped at red traffic lights at city street intersections to solicit contributions to its cause. ACORN contends a Phoenix ordinance prohibiting solicitation on city streets from the occupants of vehicles infringes its members’ rights of free speech under the First Amendment.

The district court held that Phoenix city streets were not public fora uniquely suited for the exercise of free speech, and that the Phoenix ordinance was a reasonable regulation to promote public peace, health, and safety. We affirm on other grounds.

I

BACKGROUND

The Association of Community Organizations for Reform Now (ACORN) is a nonprofit political action organization working to promote the concerns of low and moderate income citizens. ACORN members in Phoenix, Arizona,. headed by their local leader, Liz Wolff, have previously raised funds for their cause through the practice of “tagging.”

“Tagging” usually involves an individual stepping into…