"That minor inconvenience is all you're talking about," he said.
The 7th, 8th and 9th U.S. circuit courts of appeals have ruled the ordinances unconstitutional. The 6th U.S. Circuit Court of Appeals upheld a Catlettsburg, K.Y., ordinance in 2005. The 3rd U.S. Circuit Court of Appeals, which has jurisdiction over Pennsylvania, and six other circuits haven't ruled on the issue, White said.
The city law runs afoul of the Constitution because it includes a penalty for people who hand out literature face-to-face if their activities cause litter, he said.
Kraus said he researched the law and checked with the American Civil Liberties Union before sponsoring the law. He proposed the law in 2008 because fliers had become an eyesore in his South Side district.
Over-reaching gets the city nowhere.
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