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City of New Orleans v. Clark

251 So. 3d 1047 (2018)

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City of New Orleans v. Clark

Louisiana Supreme Court
251 So. 3d 1047 (2018)

Facts

Lawrence Clark (defendant) was cited for displaying his art for sale in violation of a municipal ordinance that prohibited retail sales outside any enclosed building in New Orleans unless expressly permitted by another section of the municipal code. Other sections of the code created a permitting process that allowed artists to sell their work in certain specified areas. The cumulative effect of the ordinance was to create a blanket prohibition on the outdoor sale of art in New Orleans except in two narrowly defined spaces in the French Quarter. Clark argued this violated his fundamental right to free speech guaranteed by the First Amendment of the United States Constitution. The City of New Orleans (the city) (plaintiff) conceded that Clark’s right to free speech or expression was implicated. Nevertheless, the city argued the ordinance was a valid time, place, and manner restriction that served a public-safety interest. The trial court denied Clark’s motion to quash the citation, and the appellate court affirmed. Clark appealed.

Rule of Law

Issue

Holding and Reasoning (Clark, J.)

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