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

This case has been remanded by the Supreme Court for our reconsideration in light of its recent decision in Board of Trustees of State University of New York v. Fox, 492 U.S. 469 , 109 S.Ct. 3028 , 106 L.Ed.2d 388 (1989). When the matter was last before us, we held that two city ordinances prohibiting uninvited door-to-door solicitation violated the first amendment. Project 80’s, Inc. v. City of Pocatello, 876 F.2d 711 (9th Cir.1988). The Supreme Court granted certiorari, vacated our decision, and remanded the case for reconsideration. City of Idaho Falls, Idaho v. Project 80’s, Inc., — U.S.-, 110 S.Ct. 709 , 107 L.Ed.2d 730 (1990).

BACKGROUND

Plaintiffs Project 80’s, Inc. and David Fitzen brought an action challenging the constitutionality of two city ordinances banning door-to-door solicitation and seeking declaratory and injunctive relief against their enforcement. 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…