Project 80's, Inc. And David John Fitzen v. City of Pocatello and the City of Idaho Falls, Idaho

This action challenges the constitutionality of two ordinances that ban uninvited residential door-to-door solicitation. The district court concluded that the ordinances did not violate appellants’ First Amendment right of commercial speech, and it accordingly granted summary judgment for the defendants. We reverse.

FACTS

The two ordinances are almost identical. The Idaho Falls ordinance provides:

Idaho Falls City Code § 5-4-1. The Poca-tello ordinance is to the same effect, except that it contains a proviso that “persons who solicit donations for charitable or nonprofit organizations shall not be deemed to be in violation” of the ordinance.

Plaintiffs are Project 80’s, Inc., and David Fitzen. Project 80’s is an Idaho corporation providing work programs for teen-age youths. David Fitzen, who began working for Project 80’s as a teen-ager, now coordinates solicitation and sales in an area that includes Pocatello and Idaho Falls. His sales force, all under the age of eighteen, sell various confectionaries door-to-door. They normally sell between the hours of 4:00 and 8:30 p.m. on weekdays and all day on Saturdays. In 1984, Project 80’s sought licenses from both Pocatello and…