City park limitation on solicitation is likely to be struck down as over-broad
The Sixth Circuit overturned a District Court in a ruling on a preliminary injunction, and ruled that a City of Fairborn ordinance was unlikely to stand given its overbreadth. The City allowed a park to be used for a Lions Club function, and as part of the use permit, it allowed the users to prohibit any soliciting outside a rented booth. Two residents objected on the ground that the permit prevented them from exercising freeedom of religion in proselytizing the crowd that gathered for the event. The Court held that the individuals who objected were likely to prevail in their claim that the restricition on free speech in a public park was probably too broad, not adequately tailored to the needs it was addressing, and unlikely to withstand constitutional objection.