The Cape Girardeau City Council consider rescinding the part of an anti-litter ordinance that prohibits placing handbills on unoccupied cars at tonight’s council meeting.
The council will consider the action as a response to a lawsuit brought by the Ku Klux Klan and the American Civil Liberties Union that challenged the ordinance. A federal judge ruled in favor of the KKK by saying the leafleting ban infringes the first amendment right to free speech.
Attorney Al Spradling represents the city, and he says removing the leafleting ban will help avoid confusion in the future.
“It will just now not be there,” Spradling said. “So there’s nothing to question in future. If that is ever brought up, it’s not going to be on the books anymore.”
Spradling says the council won’t rescind the entire anti-littering ordinance.
“There are about four other sections that deal with littering that will not be affected by this particular ordinance, only the section dealing with leafleting on public property without the owner’s consent,” Spradling said.
Council will also consider approving the ACLU’s five thousand dollar legal fee.