No. 24-756

National Federation of the Blind of Texas, Incorporated, et al. v. City of Arlington, Texas

Lower Court: Fifth Circuit
Docketed: 2025-01-16
Status: Denied
Type: Paid
Amici (4)Response Waived
Tags: charitable-solicitation first-amendment intermediate-scrutiny private-property-rights speech-restriction zoning-regulation
Key Terms:
FirstAmendment Securities Privacy JusticiabilityDoctri
Latest Conference: 2025-02-28
Question Presented (AI Summary)

Whether the most exacting scrutiny applies to a municipal ban on donation boxes for charitable solicitations

Question Presented (OCR Extract)

The City of Arlington, Texas, has banned charitable donation boxes on consenting private property in 25 of 28 zoning districts in the City, foreclosing placement at churches, faith-based schools, and commercial locations where donors can see and conveniently access the boxes. Donation boxes have been used for thousands of years as an important and unique means of soliciting and receiving donations for charitable causes. Arlington has made this fully protected speech and association a crime in the 25 forbidden zones, which comprise most of the City. The Charities seek to peacefully speak and associate with donors through donation boxes on consenting private property to build awareness for their charitable and religious causes, appeal for support of those causes, and collect much-needed charitable contributions. Yet, Arlington prohibits them from doing so. The questions presented are: 1. Whether the most exacting scrutiny long applied by this Court to laws banning or burdening fully protected charitable solicitations applies to a ban on donation boxes. 2. Whether the court below erred by failing to properly require narrow tailoring under intermediate scrutiny.

Docket Entries

2025-03-03
Petition DENIED.
2025-02-18
Brief amici curiae of AMVETS National Service Foundation, et al. filed. (Distributed)
2025-02-18
Brief amici curiae of Impact Church of Christ, et al. filed. (Distributed)
2025-02-14
2025-02-14
Amicus brief of The Knights of Columbus submitted.
2025-02-12
Amicus brief of Green Zone Recycling, Secondary Materials and Recycled Textiles Association, & USAGain submitted.
2025-02-12
Brief amici curiae of Green Zone Recycling, et al. filed. (Distributed)
2025-02-12
DISTRIBUTED for Conference of 2/28/2025.
2025-02-10
Waiver of right of respondent City of Arlington, Texas to respond filed.
2025-02-10
Waiver of City of Arlington, Texas of right to respond submitted.
2025-01-13
Petition for a writ of certiorari filed. (Response due February 18, 2025)
2024-12-13
Application (24A424) granted by Justice Alito extending the time to file until January 13, 2025.
2024-12-06
Application (24A424) to extend further the time from December 16, 2024 to January 13, 2025, submitted to Justice Alito.
2024-10-31
Application (24A424) granted by Justice Alito extending the time to file until December 16, 2024.
2024-10-28
Application (24A424) to extend the time to file a petition for a writ of certiorari from November 14, 2024 to December 16, 2024, submitted to Justice Alito.

Attorneys

AMVETS National Service Foundation, et al.
Brian Patrick DonnellyWerther & Mills, LLC, Amicus
City of Arlington, Texas
Jason Chad ArnettKelly Hart & Hallman LLP, Respondent
Jason Chad ArnetteKelly Hart & Hallman LLP, Respondent
Green Zone Recycling, Secondary Materials and Recycled Textiles Association, & USAGain
Daniel P. DaltonDalton & Tomich, PLC, Amicus
Impact Church of Christ, et al.
Jonathan Radford WhiteheadLaw Offices of Jonathan R. Whitehead, LLC, Amicus
National Federation of the Blind of Texas and Arms of Hope
Karen Michelle DonnellyCopilevitz, Lam & Raney, P.C., Petitioner
The Knights of Columbus
John Patrick ElwoodArnold & Porter Kaye Scholer LLP, Amicus