Town of Barrington v. Blake

568 A.2d 1015, 1990 R.I. LEXIS 19, 1990 WL 3606
CourtSupreme Court of Rhode Island
DecidedJanuary 23, 1990
Docket88-541-Appeal
StatusPublished
Cited by8 cases

This text of 568 A.2d 1015 (Town of Barrington v. Blake) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Town of Barrington v. Blake, 568 A.2d 1015, 1990 R.I. LEXIS 19, 1990 WL 3606 (R.I. 1990).

Opinion

OPINION

KELLEHER, Justice.

This controversy comes before us by way of an agreed statement of facts and a certified question of law posed by a judge of the Rhode Island District Court, pursuant to G.L.1956 (1985 Reenactment) § 9-24-27. This inquiry relates to the constitutionality of a Barrington ordinance, No. 86-6, entitled “Ordinance Regulating Picketing Within The Town Of Barring-ton” (See Appendix). The municipality is the plaintiff, and the defendants are antiabortion activists who were arrested for having violated the terms of the ordinance.

This litigation first came before this court in October 1987. At that time we declined to answer the certified question and remanded the case to the District Court for its determination whether the town of Barrington was vested with authority from the General Assembly to enact the ordinance in question. Town of Barrington v. Blake, 532 A.2d 955 (R.I.1987). Subsequently, in April 1988, defendants *1017 filed a motion in the District Court to dismiss this litigation on the ground that the town of Barrington lacked the requisite authority to enact the ordinance. The District Court judge denied the motion and once again certified the question relating to the constitutionality of the picketing ordinance.

In challenging the town’s authority to enact ordinance No. 86-6, counsel for defendants rely on our holding in Nugent v. City of East Providence, 103 R.I. 518, 238 A.2d 758 (1968), where this court ruled that the state, rather than the municipalities, was empowered with plenary jurisdiction over streets and highways. In making this observation, this court was considering the validity of a city council resolution that purported to give a utility an exclusive franchise to build and operate in the city of East Providence a community-antenna television system and attach cables and wires to the poles owned and maintained by public utilities over the streets and. public places within the municipality. The court, however, noted that the Legislature could, if it so desired, delegate such power to the various cities and towns.

Here this court is not confronted with an unlawful delegation of power because G.L. 1956 (1988 Reenactment) § 45-6-1 in essence provides that a town council may promulgate ordinances and regulations that it deems necessary to prevent persons standing on any footwalk or sidewalk to obstruct, hinder, delay, disturb, or annoy passers-by or persons residing or doing business in the vicinity thereof. Again, G.L.1956 (1982 Reenactment) § 31-12-12, as amended by P.L.1983, ch. 249, § 1 authorizes the towns to enact ordinances to regulate traffic in the respective municipalities and to regulate or prohibit processions or assemblages on public highways. Consequently, having in mind the statutory references to which we have just alluded, we are of the opinion that the Barrington Town Council had the authority to promulgate ordinance No. 86-6. Having reached this conclusion, we shall now consider defendants’ constitutional challenge.

The certified question before this court reads,

“Whether the Barrington Town Ordinance number 86-6 entitled ‘Ordinance regulating picketing within the Town of Barrington’ is unconstitutional either in its entirety or in its application as being violative of the First Amendment to the Constitution of the United States and the First Amendment 1 to the Rhode Island Constitution as it relates to the exercise of the defendants’ freedom of speech, freedom of assembly and freedom of expression.”

The undisputed facts relevant to this controversy are as follows. Beginning in April of 1986 and continuing on various subsequent occasions, defendants picketed the residence of Dr. Marguerite Vigliani. Doctor Vigliani is a licensed obstetrician/gynecologist who resides with her family on Appian Way, a public highway located in a residential neighborhood in the town of Barrington. Doctor Vigliani maintains an office in Barrington at 461 Maple Avenue.

The picketers carried a small white coffin and displayed signs expressing their antiabortion sentiments, such as “Fetus equal [sic ] baby” and “Marguerite Vigliani, M.D. kills babies.” 2 This picketing aroused significant criticism from Dr. Vigliani, her neighbors, and other citizens of Barrington. The town council responded to its constituents’ concern about the picketing by enacting the ordinance in question.

This ordinance, Barrington Town Ordinance No. 86-6, provides in pertinent part,

“Section 1-2. Prohibition. Picket lines and picketing shall be prohibited in front of, adjacent to or with respect to any property used for residential purposes, except where such picketing relates to a *1018 use or activity being carried on within such property.
“Section 1-3. Rules. Where permitted, picketing shall be subject to the following additional regulations:
a. Picketing shall be conducted only on sidewalks or other Town-owned areas normally used or reserved for pedestrian movement, including easements and rights of way, and shall not be conducted on a portion of any street used primarily for vehicular traffic where in the opinion of the Chief of Police such use would result in a threat to the safety of the pickets or constitute an unreasonable obstruction of traffic.”

The defendants reacted to the enactment of the ordinance by shifting the situs of their picketing activities from Appian Way to Dr. Vigliani’s Maple Avenue office. Maple Avenue is a two-lane public highway and is one of the more heavily traveled roadways in Barrington. There is no sidewalk immediately in front of Dr. Vigliani’s office, although a strip of the office land abutting a highway has been designated as a public right-of-way. The Maple Avenue area contains a mix of both residential and commercial uses.

On the morning of October 17, 1986, defendants were picketing in front of Dr. Vigliani’s office when the lawn-sprinkler system was activated by someone in the office, forcing the pickets out onto Maple Avenue. Two defendants were informed by members of the Barrington police department that they were in violation of the picketing ordinance and were requested to stop picketing in the street. The defendants were asked to shift their picketing endeavors to the sidewalk on the opposite side of the street. When they failed to comply with this request and continued picketing in the street, they were arrested and charged with violating terms of the picketing ordinance.

The defendants assert that the Bar-rington ordinance is facially invalid because it unduly infringes upon activities that are protected by the First and Fourteenth Amendments to the United States Constitution and Article I, section 21, of the Rhode Island Constitution. Although we acknowledge that state courts may interpret a state constitution to be more protective of individual rights than the Federal Constitution, Pruneyard Shopping Center v.

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Bluebook (online)
568 A.2d 1015, 1990 R.I. LEXIS 19, 1990 WL 3606, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-barrington-v-blake-ri-1990.