Thursday, April 16, 2009

What steps does one take to challenge a municipal law as unconstitutional?

Indianapolis has enacted an ordinance that violates the Fourth Amendment of protection from illegal search and seizure, and possibly the First Amendment of free speech. The ordinance states that an individual may not have a "for sale" sign on HIS vehicle on HIS property, and if he does, the city may tow it. This would be an illegal seizure, and also a violation of the First Amendment, since you should be able to freely advertise that your vehicle is for sale. What steps do I need to take in order to challenge this ordinance as being unconstitutional? Good question for law students...


Unfortunately the easiest way to ensure standing would not be the best way. The easiest way to challenge the law is to violate it, get charged, and then challenge the constitutionality of the law in court. Keep appealing until you reach a court that declines to hear the case. This would cost a ton of cash, however.

You could possibly seek an injunction if you could prove that the threat of enforcement of the ordinance caused you, personally, substantial hardship. This is a difficult burden to meet, however it another way to get the constitutionality of the ordinance before a court.

Contact the American Civil Liberties Union.

www.aclu.org.

Yes, really.

They'll either take the case for you or explain why it's not unconstitutional.

I can't do that since I don't know all the details of the Indiana ordinance.

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