United Youth Careers, Inc. v. City of Ames, Ia
| Decision Date | 27 January 2006 |
| Docket Number | No. 4:04 CV 90460.,4:04 CV 90460. |
| Citation | 412 F.Supp.2d 994 |
| Parties | UNITED YOUTH CAREERS, INC. and LaVern Campbell, Jr., Plaintiffs, v. CITY OF AMES, IOWA, Defendant. |
| Court | U.S. District Court — Southern District of Iowa |
William A Wickett, Patterson Lorentzen Duffield Timmons, Des Moines, IA, for Ames, Iowa, The City of, Defendant.
Robert A Wright, Jr, Wright & Wright, Robert A Wright, Jr, Wright & Wright, Des Moines, IA, for LaVern Campbell, United Youth Careers, Inc., Plaintiffs.
Before the Court are the following motions: Plaintiffs' Motion for Partial Summary Judgment (Clerk's No. 7); Defendant's Motion for Summary Judgment (Clerk's No. 19); and Plaintiffs' Motion to Strike Portions of the Affidavit of Karen Thompson (Clerk's No. 30). A hearing was held on December 15, 2005, and the matters are fully submitted.
On August 20, 2004, Plaintiffs filed a Petition for Declaratory Judgment, Injunctive Relief and Damages (Clerk's No. 1), alleging that Section 17.26 of the Ames, Iowa, City Municipal Code is unconstitutional on its face and as applied. Plaintiffs' Petition seeks a declaratory judgment that the ordinance is unconstitutional, injunctive relief, and damages pursuant to 42 U.S.C. § 1983. The facts in the present matter are undisputed.
United Youth Careers, Inc. ("UYC") is a non-profit Iowa corporation with its principal place of business in Des Moines, Iowa. Pls.' Statement of Undisputed Facts at 1. As stated in UYC's Articles of Incorporation, the purpose of UYC is:
1) Letting youngsters, seniors and handicapped youngsters and seniors have jobs and or counseling and training in regards to salesmanship;
2) Organizing activities and providing scholarships, bonuses, awards, and tutoring for youngsters exclusively;
3) Visitations and private counseling sessions for each individual youngster or senior educating against the use of drugs and or alcohol and geared specifically toward rehabilitation for victims of drug and or alcohol abuse;
4) Educating and religiously counseling in respect to the gospel of The Lord Jesus Christ for youngsters and seniors and encouraging church attendance.
Id. at 2. UYC offers its services to any and all underprivileged children and adults of Des Moines, Iowa's inner city, regardless of race or creed. Id. at 3. UYC provides these persons with employment training and employment based on the principles of a good work ethic, honesty, and integrity, as exemplified in the Christian faith. Id. Participants are rewarded for learning these principles with various activities, and children are provided with tutoring and counseling. Id.
UYC provides its services through donations solicited by door-to-door agents trained by UYC. Id. at 4. Kevin McGregor, an employee of UYC, is responsible for locating and training such persons and teaches them how to communicate information about UYC's purposes when soliciting donations. Id. at 5. On June 29, 2004, UYC had twenty persons soliciting donations. Id. at 4. Plaintiff, LaVern Campbell, Jr. ("Campbell") is an adult individual residing in Polk County, Iowa. Id. at 17. On June 29, 2004, he was under contract with UYC and was one of the individuals soliciting donations for UYC in Ames, Iowa. Id. at 18.
The City of Ames, Iowa ("Ames"), is a municipal corporation, organized and existing under the laws of the State of Iowa, in Story County. Id. at 6. Ames has adopted an ordinance, codified at § 17.26, which reads in pertinent part as follows:
Sec. 17.26. PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS.
(3) Each and every person engaged in residence to residence solicitation of gifts or donations who is not associated with a permanent office or home in the city where someone will receive and respond to inquiries for information and identification, shall first obtain and wear, in a manner plainly visible, a registration and identification badge issued by the City Clerk.
(4) For the purpose of registration each person as aforesaid shall provide to the City Clerk, or Clerk's designee the following:
(a) Their name, address, date of birth, social security number, height, weight, hair and eye color, and phone number, and if they do not have a permanent residence in this city, the residence and phone number where they reside permanently.
(h) If employed or working in association with a corporation, the state of its incorporation, whether it is authorized to do business in Iowa, and evidence that the corporation has designated a resident agent within 50 miles of the City upon whom legal service may be made and that the corporation will be responsible for the acts of its employees and or associates in the City; and that the corporation is covered by the insurance specified in item 14, below.
(i) A statement as to whether or not applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance other than a traffic violation, the nature of the offense and the penalty imposed.
(j) The last municipalities, not exceeding three, where applicant has carried on activities for which registration is sought immediately preceding the date of application and the addresses from which such business was conducted in those cities.
(5) The City Clerk may refuse to register persons who fail to furnish complete or accurate information, and registration shall be invalidated if it is found that false information was provided. Registration shall be denied if the applicant has violated this ordinance, or had registration hereunder revoked or invalidated in the past six months; or if previously convicted of any crime of fraud or violence to persons or property.
(6) Each adult person shall produce a photograph-driver's license, or if they have no such license, a passport or other official photographic identification.
(7) The identification badge shall be of a distinctive logo and design to show clearly that it has been issued by the City of Ames and shall incorporate a photograph of the registrant taken at the Clerks' office or where the Clerk directs, at the time of the registration.
(9) The aforesaid registration badge shall be valid for sixty days from the date of issuance.
(10) No person shall engage in the activities described in Subsections (1) and (3) above, between the time of sunset and sunrise.
(11) Persons found to be acting in violation of this section shall be ordered by the police to cease immediately until in compliance with this section. Failure or refusal to obey such order shall be punishable as a misdemeanor.
(12) Persons obtaining the registration badge pursuant to this section shall pay such fee as the Ames City Council shall set, from time to time, to cover costs of administration and enforcement of the provisions of this section.
(13) The City Clerk may, after reasonable notice and opportunity for hearing, revoke any license issued under this division where the licensee, in the application for the license or in the course of conducting his/her business has conducted the activity for which registered in an unlawful manner. Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint, and the time and place of hearing.
(14) All applicants shall provide proof of general liability insurance including products liability in the amount of $500,000 combined single limits. A certificate of insurance shall be delivered to the City Clerk prior to the issuance of a license. The City of Ames and its employees shall be named as additional insureds against any liabilities that may arise in connection with the licensees.
(15) Violation of this section shall be a municipal infraction punishable by a penalty of $100 for person's first violation thereof and $200 for each repeat violation. Alternatively, violation of this section can be charged by a peace office of the City as a simple misdemeanor.
Pis.' App., Exh. A, at 13. On June 29, 2004, Campbell was criminally charged with violation of the ordinance. Id. at 18. Neither Campbell nor UYC, ever attempted to register with the city as required by the ordinance, despite apparent knowledge by UYC of the ordinance and its terms.1
On August 9, 2005, Ames enacted Amendments to § 17.26. Specifically, Subsections 5, 13, and 14 were repealed and replaced with the following revised subsections:
(5) The City Clerk shall, within five days of an application for registration being submitted, either issue the registration badge or a detailed explanation of why the application is not acceptable. The City Clerk shall refuse to register persons who fail to furnish complete or accurate information, and registration shall be invalidated if it is found that false information was provided. Registration shall be denied if the applicant has violated this ordinance, or had registration hereunder revoked or invalidated in the past six months.
(13) The City Clerk shall, after reasonable notice and opportunity for hearing, revoke any registration issued under this division where the registrant, in the application for the registration or in the course of conducting his/her activity, for which registered, has made statements constituting a fraudulent practice as defined by Subsection 714.8(6) Code of Iowa. Notice of the hearing for revocation of a registration shall be given in writing, specifically setting forth the grounds of the complaint and the time and place of the hearing.
(14) All applicants shall provide proof of general liability insurance including products liability in the amount of $500,000 combined single limits. A certificate of insurance shall be delivered to the City Clerk prior to the issuance of an identification badge. The City of Ames and its employees shall be named as additional insureds against any liabilities that may arise in connection with the registered activity.
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