Updates on cases, laws, and other topics of interest to local governments

Subscribe by Email

Enter your Email:
Preview | Powered by FeedBlitz

Subscribe in a Reader

Follow Municipal Minute on Twitter

Disclaimer

Blog comments do not reflect the views or opinions of the Author or Ancel Glink. Some of the content may be considered attorney advertising material under the applicable rules of certain states. Prior results do not guarantee a similar outcome. Please read our full disclaimer

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

0 comments:

Post a Comment