Peddlers' Ordinance is content-neutral. The City may regulate the time, place and manner of expression which is narrowly-tailored to serve a significant government interest, and leaves open ample alternative channels of communication. The Peddlers' Ordinance is not narrowly tailored because it substantially burdens more speech than is necessary to further the government's legitimate interest. The Peddlers' Ordinance does not leave open ample alternative channels of communication because: 1) the Ordinance prevents her from selling T-shirts for a several mile radius surrounding Grant Park; 2) T-shirts are unique and are an especially effective means of communicating Plaintiff's point of view concerning the legalization of marijuana; and 3) T-shirts represent the primary source of funds that enable Plaintiff and MPAC to engage in their First Amendment activities. Therefore, the Court holds that the Peddlers' Ordinance is unconstitutional as applied to Plaintiff's efforts to sell MPAC T-shirts during City sponsored festivals in Grant Park. The Court does not hold that the Peddlers' Ordinance is facially defective.
VII. PLAINTIFF HAS DEMONSTRATED A THREAT OF IRREPARABLE HARM.
97. In First Amendment cases, once a likelihood of success on the merits has been established, irreparable harm necessarily follows. Elrod v. Burns, 427 U.S. 347, 373, 96 S. Ct. 2673, 2690, 49 L. Ed. 2d 547 (1976).
VIII. THE BALANCE OF HARDSHIPS TIPS IN THE PLAINTIFF'S FAVOR.
98. Preventing Plaintiff from engaging in her First Amendment protected activities creates a greater harm to Plaintiff than it does to the City, which has seen its festivals thrive even with Plaintiff's presence in Grant Park over the past ten years. The City argues that allowing Plaintiff to sell MPAC T-shirts at the City-sponsored festivals will result in a plethora of groups descending on Grant Park to sell T-shirts for a myriad of causes, resulting in congestion and unfair competition. However, Mr. Sheahan stated that in the years preceding the City's Peddlers' Ordinances various groups attempted to solicit at the festivals and were unsuccessful. According to Mr. Sheahan, people come to Grant Park to enjoy either the food or music being offered and were not interested in political or charitable causes. MPAC relies heavily on the festivals to publicize and fund raise for its cause. The balance of hardships tips greatly in Plaintiff's favor. The City remains free to adopt new ordinances or regulations consistent with the First Amendment.
IX. THE GRANTING OF THE INJUNCTION WILL NOT DISSERVE THE PUBLIC INTEREST.
99. The First Amendment reflects a "profound national commitment" to the principle that "debate on public issues should be uninhibited, robust and wide open." New York Times v. Sullivan, 376 U.S. 254, 270, 84 S. Ct. 710, 721, 11 L. Ed. 2d 686 (1964). The Supreme Court has recognized that speech concerning public affairs is more than self-expression, it is the essence of self government. Garrison v. Louisiana, 379 U.S. 64, 74-75, 85 S. Ct. 209, 216, 13 L. Ed. 2d 125 (1964). It is not free thought for those who agree with us, but freedom for the thought we hate which embodies the essence of this touchstone of individual liberty. Collin v. Chicago Park District, 460 F.2d 746 (7th Cir. 1972)(holding that Nazis were entitled to hold a rally in Marquette Park). The public interest is clearly served by strong and vigorous protection of the First Amendment. The granting of the injunction will not disserve, but rather promote, the public interest. O'Brien v. Town of Caledonia, 748 F.2d 403, 405 (7th Cir. 1984).
X. A NOMINAL BOND IS APPROPRIATE
100. Plaintiff has limited financial resources and MPAC is a not-for-profit unincorporated association. Plaintiff is unable to post a significant bond. The Court can foresee no damages to the City in the event the Court has erred in granting the injunction. Under the circumstances the Court finds that a nominal bond of ten dollars is appropriate. Coyne-Delany Co., Inc. v. Capital Development Board of State of Illinois, 717 F.2d 385, 391 (7th Cir. 1983).
101. The Peddlers' Ordinance is unconstitutional as applied to Plaintiff's efforts to sell MPAC T-shirts at City sponsored festivals in Grant Park. Plaintiff's Motion for a Preliminary Injunction is granted.
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PRELIMINARY INJUNCTION ORDER
IT IS HEREBY ORDERED that pending a final trial on the merits or further order of the Court:
A. The City of Chicago, its agents, officers, servants, employees, independent contractors, and any others in active concert or participation with any of them who receive actual notice of this order by personal service or otherwise are enjoined from enforcing the Peddlers' Ordinance, Municipal Code of Chicago §§ 4-244-010 through § 4-244-170, with respect to the sale by Plaintiff, and her agents, of MPAC T-shirts at the City-sponsored festivals held in Grant Park in the area leased or used by the City for these festivals.
B. Plaintiff shall post a nominal bond in the amount of ten dollars ($ 10.00) with the Clerk of the Court to secure the payment of such costs and damages as may be suffered or sustained by any party who may be wrongfully restrained by this Preliminary Injunction.
C. Based on the limitations expressed by Plaintiff's counsel and the prior ten year history of dealings between the parties: 1) Plaintiff shall limit the number of MPAC representatives who are engaged in the sale of MPAC T-shirts at City-sponsored festivals in Grant Park to no more than five persons at any one time; 2) Plaintiff and other MPAC representative shall report to the City's Command Post at the Festival site to identify themselves prior to commencing their sale activities; and 3) Plaintiff shall indicate in some visible manner that the MPAC T-shirts are not officially sponsored by the City.
D. This Preliminary Injunction Order shall not be construed by any party to enjoin the City from enforcing any other lawful ordinances, including safety ordinances, with respect to Plaintiff and her agents.
E. This Preliminary Injunction Order is limited solely to any attempts by the City to require Plaintiff and her agents to comply with the City's Peddlers' Ordinance with respect to their efforts to sell MPAC T-shirts during City-sponsored festivals in Grant Park.
F. The parties are encouraged to meet to determine mutually agreeable times and locations on the festival grounds from which Plaintiff and MPAC may conduct its MPAC T-shirt sales, similar to efforts the City currently uses with street performers who appear at the festivals.
SO ORDERED this 4th day of June, 1997.
United States Magistrate Judge