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Monday, March 24, 2014

City's Ban on Donation Bins Challenged as Unconstitutional

RLUIPA Defense recently reported on a case filed against a City in Michigan challenging the constitutionality of a recent amendment to the City's zoning code that bans donation bins throughout the City.  Planet Aid v. City of St. Johns, Michigan, No. 1:14-cv-00149 (W.D. Mich. 2014).  

After Planet Aid had placed two donation bins in the City, the City demanded that they be removed, alleging that the bins were a nuisance.  Shortly thereafter, the City passed an ordinance prohibiting any organization – for-profit and non-profit – from operating donation bins within the City.  Although the ordinance contained a “grandfather” clause to exempt donations bins that existed prior to its adoption, because the City had removed Planet Aid’s donation bins prior to the adoption of the Ordinance, the clause did not apply.

Planet Aid claims that the City's ordinance is a violation of its First Amendment rights to receive charitable donations, and has asked the court to enjoin the City from prohibiting the operation of donation bins. 

Post Authored by Julie Tappendorf, Ancel Glink


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