NewsChannel5.com | Nashville News, Weather & Sports'Contributor' Files Federal Lawsuit Against Brentwood

'Contributor' Files Federal Lawsuit Against Brentwood

by Heather Graf

NASHVILLE, Tenn. - The argument over where Nashville's homeless newspaper can be sold is now headed to federal court.

On Wednesday, The Contributor and the American Civil Liberties Union of Tennessee filed a federal lawsuit against Brentwood.  It alleges unconstitutional actions and a violation of basic civil rights.

"It's a protected right of free speech and free press, and it's one we filed a lawsuit in order to vindicate," said Hedy Weinberg with the ACLU.  "The First Amendment is the bedrock of our democratic system, and encourages the flow of information and the exchange of ideas."

The lawsuit is just the latest in an ongoing legal battle.

The newspaper provides the homeless, and formerly homeless, with a way to make a living by selling newspapers on streets and sidewalks all over our area.  When some of those vendors ventured into Brentwood city limits, though, The Contributor said they were ticketed, and asked to leave.

"Seven of our vendors received eight citations for selling The Contributor in the public right of way of Brentwood, Tennessee.  This truly inhibits our vendors' core ability to reach the public," said Tom Wills of The Contributor.

The City of Brentwood cited an ordinance that prohibits the selling of merchandise on any public street.

In a statement provided to News Channel 5, City Manager Michael Walker said:

"The city's primary concern in this matter is public safety.  Brentwood's ordinances prohibit anyone from using the public right-of-way to sell merchandise or materials.  These regulations are applied equally to everyone."

The ACLU feels the law is unconstitutional, and so do the people selling those newspapers.

"I think they need to stop worrying so much about their public image," said Contributor vendor Daniel Halladay.  "It's just a matter of time before they come to their senses and realize we're not harming anyone."

Brentwood City Manager Mike Walker also said the city is in the process of amending its current ordinances to address concerns that were raised by the ACLU. He said the amendments will make it clear that newspaper sales on public sidewalks are permitted, as long as vendors do not enter the street.  Walker expects the amendments to be in place by the end of July. 

He went on to say that the city had previously advised the ACLU that the ordinance would be amended, and city leaders were surprised that the ACLU had still chosen to file a lawsuit against the city. 

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