The national consumer advocacy group Public Citizen filed suit to challenge the constitutionality of a Jefferson County, KY, ordinance that requires charities to obtain permission from the county before they solicit supporters there--even if they only use mail to do so.
Washington, D.C.-based Public Citizen Foundation Inc. is a nonprofit organization affected by the ordinance. Plaintiffs that have joined the group in the lawsuit are Greenpeace and two umbrella organizations, American Charities for Reasonable Fundraising Regulation and the National Federation of Nonprofits.
The lawsuit, filed in United States District Court for the Western District of Kentucky yesterday, seeks to stop the county from enforcing the ordinance because it violates the plaintiffs' constitutional right to engage in free speech. J. Fox De Moisey, the attorney representing Jefferson County, did not comment by press time.
According to the court documents, the ordinance requires tax-exempt groups to obtain approval from the county before any solicitation can be done, and it requires every charity to file three reports about the nonprofit and its activities each year. Much of the information the ordinance demands "overlaps" federal Internal Revenue Service requirements, the papers continue. The papers also point out that he United States Postal Service has "broad authority" to prevent mail fraud.
Some 38 states and the District of Columbia also require charities to register if they intent to solicit.
