Service Employees International Union, Local 3 Rachel Canning Velvet Hazard v. Municipality of Mt. Lebanon

446 F.3d 419, 2006 U.S. App. LEXIS 10596, 2006 WL 1118812
CourtCourt of Appeals for the Third Circuit
DecidedApril 28, 2006
Docket04-4646
StatusPublished
Cited by21 cases

This text of 446 F.3d 419 (Service Employees International Union, Local 3 Rachel Canning Velvet Hazard v. Municipality of Mt. Lebanon) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Service Employees International Union, Local 3 Rachel Canning Velvet Hazard v. Municipality of Mt. Lebanon, 446 F.3d 419, 2006 U.S. App. LEXIS 10596, 2006 WL 1118812 (3d Cir. 2006).

Opinion

OPINION OF THE COURT

STAPLETON, Circuit Judge.

The Municipality of Mt. Lebanon (“Mt.Lebanon”), by ordinance, requires door-to-door canvassers who plan to “hand *421 pamphlets or other written material” to residents or discuss with them “issues of public or religious interest” to first register with the police department. We conclude that this ordinance violates the First and Fourteenth Amendments’ guarantee that no State shall abridge the freedom of speech.

I.

The plaintiffs are a local labor organization, Service Employees International Union, Local # 3, and two volunteers, Rachel Canning and Velvet Hazard (collectively, “SEIU”), who were involved in a get-out-the-vote campaign preceding the 2004 presidential election. SEIU recruited over 1,000 volunteers to go door-to-door in Allegheny County, Pennsylvania, including in Mt. Lebanon, to emphasize the importance of the election, to encourage people to vote, and to help them locate their assigned polling places.

The defendant, Mt. Lebanon, is one of a number of municipalities in Allegheny County that regulate door-to-door canvassing and solicitation. Part 3 of Mt. Lebanon’s municipal code regulates those who “solicit” and “canvass” in Mt. Lebanon. It provides, in pertinent part:

§ 302 Permit Required. It shall be unlawful for any Person to Solicit in the Municipality without first obtaining a permit therefor as provided in this Part 3. It shall be unlawful for any Person to Canvass in the Municipality without first registering with the Police Department as provided in this Part 3.
§ 303 Definitions----
* * * * * :]!
Canvass: To go from door-to-door in the Municipality, other than to “solicit” as defined in this Part 3, to hand pamphlets or other written material to an occupant of a residence, or to discuss with such occupant issues of public or religious interest.
* * * * * *
Solicit: To go from door to door in the Municipality (i) soliciting contributions or pledges for contributions, or (ii) selling or attempting to sell subscriptions, products or services, or taking orders or attempting to take orders for subscriptions, products or services from or to an occupant of a residence.

App. at 38. Section 316 provides that to register as a “Canvasser” with the police department, individuals must present photo identification and the following information in writing:

316.1 The name and the home address of the individual or individuals who will be canvassing in the Municipality.
316.2 The dates and hours during which the individual(s) will canvass in the Municipality.
316.3 The locations in which the individual(s) will canvass in the Municipality.

Id. at 42. Those who intend to “solicit” must present more detailed information in a sworn application. In addition, there is a $50 fee for each solicitation permit, which is waived for those persons soliciting only one time within any calendar year. The police chief must issue the permit if the information is complete and the requisite fees are paid.

SEIU filed suit against Mt. Lebanon just before the 2004 presidential election, alleging that the solicitation and canvassing ordinance violated the First Amendment, both facially and as applied. SEIU sought declaratory relief and preliminary injunctive relief. The complaint alleged that SEIU’s volunteers planned “to go *422 door-to-door” in Mt. Lebanon. Compl. ¶ 10, App. at 30. Those volunteers, it alleged, “will hand out literature, emphasize the importance of this year’s presidential election, encourage the people to vote, and help the voters determine their proper polling location.” Compl. ¶ 11; App. at 30. SEIU further alleged that it did “not have the time and resources to register each canvasser individually.” Compl. ¶ 39; App. at 35.

SEIU simultaneously filed a motion for temporary restraining order and/or preliminary injunction. After a hearing, SEIU and Mt. Lebanon resolved the preliminary-injunction motion through a consent order that delineated the terms under which the canvassers could canvass in the municipality until Election Day. The parties subsequently filed cross-motions for summary judgment on SEIU’s remaining claims for declaratory and permanent in-junctive relief.

The District Court ruled that SEIU does not have standing to challenge the solicitation permitting requirement because the plaintiffs “are not soliciting and have no plans to do so” and there is no concrete injury in fact sufficient to create a justiciable “case or controversy” under Article III of the Constitution. App. at 20. It granted summary judgment in favor of Mt. Lebanon, however, with respect to the “canvassing” segment of the ordinance. This timely appeal followed.

II.

SEIU seeks to mount facial challenges both to Mt. Lebanon’s regulation of canvassing and to its regulation of soliciting. We agree with the District Court that SEIU lacks standing to mount a challenge to Mt. Lebanon’s regulation of soliciting.

At the outset, we note that under the terms of the ordinance, canvassing and soliciting are two distinct and mutually exclusive activities. Further, separate regulatory requirements attach depending on which activity an individual plans to engage in. Accordingly, we separately consider SEIU’s two challenges to the ordinance, including SEIU’s standing to bring each challenge. See Allen v. City of Louisiana, 103 U.S. 80, 83-84, 26 L.Ed. 318 (1881) (“It is an elementary principle that the same statute may be in part constitutional and in part unconstitutional, and that if the parts are wholly independent of each other, that which is constitutional may stand while that which is unconstitutional will be rejected.”); Granite State Outdoor Adver., Inc. v. City of Clearwater, 351 F.3d 1112, 1116-1119 (11th Cir.2003) (separately examining plaintiffs injury-in-fact for each provision of facially challenged ordinance); 1 cf. Contractors Ass’n of Eastern Pennsylvania, Inc. v. City of Philadelphia, 6 F.3d 990, 996 (3d Cir.1993) (“Severing statutes to limit standing promotes the twin goals of avoiding unnecessary constitutional adjudication and sharpening the presentation of the issues.”).

Article III of the Constitution limits the jurisdiction of federal courts to resolving “cases” and “controversies.” “To satisfy the ‘case’ or ‘controversy’ requirement of Article III, which is the ‘irreducible constitutional minimum’ of standing, a plaintiff must, generally speaking, demonstrate that he has suffered ‘injury in fact,’ that the injury is ‘fairly traceable’ to *423

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Bluebook (online)
446 F.3d 419, 2006 U.S. App. LEXIS 10596, 2006 WL 1118812, Counsel Stack Legal Research, https://law.counselstack.com/opinion/service-employees-international-union-local-3-rachel-canning-velvet-hazard-ca3-2006.