September 14th, 2018

Louisiana Supreme Court Opinions

​City of New Orleans v. Clark

Docket: 2017-KK-1453
Opinion Date: September 7, 2018
Judge: Marcus R. Clark
Areas of Law: Constitutional Law, Criminal Law, Government & Administrative Law

Defendant, Lawrence Clark was issued a citation for displaying his art for sale on neutral ground at Decatur Street and Esplanade Avenue in New Orleans, in violation of New Orleans Municipal Code. Clark moved to quash the charging affidavit, asserting the ordinance was unconstitutional. The Louisiana Supreme Court granted review to consider whether New Orleans Municipal Code section 110-11, which regulated the outdoor retail sale of art, was indeed unconstitutional as a violation of Clark’s First Amendment rights. The Supreme Court concurred with Clark that the ordinance was unconstitutional. Therefore, it reversed the lower courts’ rulings and granted the motion to quash the charging affidavit against Clark.

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