November 26, 2021, 7:36 p.m.
- Government dispenses with the “inherently dangerous location” argument
- Little evidence that the regulation would raise the stated concern
Albuquerque’s city-wide ordinance, which bans pedestrians, among other things, from coming into contact with vehicle occupants in a lane, is in violation of the first amendment, the Tenth Circuit said in its third decision, which has been dealing with similar city ordinances since 2019.
Albuquerque has failed to show that the ordinance’s sweeping restrictions on constitutional activity on the city’s streets and sidewalks would do everything it could to promote its general concerns about traffic accidents and pedestrian safety, the court said.
“The fact that the city has hardly considered less restrictive means – if it has even considered them – only underlines that the city has not tailored the regulation sensibly to the interests …
Holly Barker
Legal Rapporteur
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