University of Virginia Library

ACLU Challenges
Handbill Ordinance

By ELIZABETH JOHNSON

The Central Virginia
Chapter of the American Civil
Liberties Union (ACLU) has
asked Charlottesville's City
Council to repeal an ordinance
regulating the distribution of
handbills

The ordinance requires
persons wishing to distribute
written or printed matter to
obtain written permission from
the City Manager and the Chief
of Police

Second-year law student
Kevin Mannix, chairman of the
local ACLU chapter, said the
ACLU understood that the
requirement is not presently
enforced.

Could Be Enforced

"Although it has never been
enforced in recent years the
fact remains that it could be
enforced. We are afraid of its
being used or abused by
someone, "he said.

Mr. Mannix said the police
department did not follow the
rules of the ordinance

"During the 1970 strike
certain members of the strike
committee approached the
police department asking for
permission to distribute
literature. The police
department replied that 'we
don't give out permission'," he
said.

"The fact that it hasn't
been enforced is all the more
reason that a should be taken
off the books he added

In a letter to May Fran
Fife. Mr. Mannix said. "We
believe it is not appropriate for
the City of Charlottesville to
have an unconstitutional
ordinance on its books He
said that as far back as
the Supreme Court found a
strikingly similar provision to
be invalid on its ae

No Reply

Copies of the letter to Mr.
Fife were sent to City
Attorney Roger Wiley. City
Manager Cole Hendrix and
Police Chief John DeK. Bowen

According to Mr. Mannix a
reply has not yet been
received.

When contacted at his
home yesterday. Mr Fie said
that the issue will come up
before the City Council
tomorrow night

"I think it's a good thing
and I'm glad some called it to
our attention," he said

He quoted a memorandum
from the City Attorney which
said the ordinance should be
repealed or revised to prohibit
only commercial handbills with
no direct censorship on the
part of the police or the Coty
Manager.

"At this point I haven't got
any real question about how I
feel," he said.