Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, April 8, 1993 TAG: 9304080183
SECTION: NATIONAL/INTERNATIONAL PAGE: C-2 EDITION: METRO
SOURCE: By Landmark News Service
DATELINE: NORFOLK LENGTH: Medium
ENTER LAWSUIT; EXIT ORDINANCES
Call it the fastest lawsuit in history.The American Civil Liberties Union sued Norfolk on Wednesday, saying it illegally restricts the right to hand out political literature.
Later the same day, the ACLU claimed victory when the city's top lawyer agreed. But the city insists it already had decided to overturn the laws in question.
"We're going to revoke those ordinances, but not because they sued us," said Norfolk City Attorney Philip R. Trapani.
Trapani said he told City Council in closed session Tuesday that the city's laws on distribution of pamphlets and other material have been invalidated by a recent U.S. Supreme Court decision. Next week, he said, the council plans to throw out the old statutes.
"The timing of their repeal is coincidental, to say the least," said Sebastian Graber, a Northern Virginia lawyer. "I call that a victory."
Wednesday morning, Graber filed a suit in U.S. District Court against Norfolk by the ACLU and Karen Trimper, a member of the National Organization for the Reform of Marijuana Laws.
Trimper and other members of NORML claimed in the suit that on April 15, 1992, Norfolk police prevented them from handing out literature in front of the Church Street post office.
The suit argues that Norfolk's laws requiring a permit for such activities are too vague and give police too much power to restrict them. Norfolk prohibits "improper" materials, but leaves that judgment up to the police chief and the person handing out the literature.
Trimper's suit asked the federal courts to declare Norfolk's laws on the subject unconstitutional and to award her damages.
"If they agree that it's unconstitutional, they should have no problem settling on a fair amount of damages for what the police did last year," Graber said.
Trapani declined to comment on the issue of damages, but he said the city will ask the federal courts to rule that Trimper's lawsuit is no longer necessary.