1138RESOLtiTIOti NO, f 3
A RESOULTION AUTHORIZING SETTLEMENT OF THE LAWSUIT
BETWEEN ACORN AND THE CITY OF WEST MEMPHIS REGARDING
ORDINANCE NO. 1236.
WHEREAS, ACORN and David Capasso have filed suit against
the City of West Memphis and Police Chief Bobby Sanders in
ease number J-C-87-2~8 in the United States Uistr•ict Court
for the Eastern District of Arkansas, Jonesboro Division,
regarding enforcement of Ordinance .1236; and
WHEREAS, it is 'the recommendation of Winston Bryant of
the Arkansas Municipal League Legal Defense Fund and the
West Iylemphis (pity Attorney that it caou].d be in the best;
interests of the City of West Memphis that this la~~suit be
settled;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS, THAT settlement of the
above lawsuit is hereby approved on the basis of a payment
of $5,000.00 to ACORN and David Capasso, ~,*hich payment
shall. be comprised of X2,000.00 from the City of West
Memphis and $3,000.00 from the Arkansas .Municipal League,
and that a Consent Decree shall be entered restricting
enforcement of Ordinance 1236 to ~~ithin the constitutional
limitations established by Federal Courts, including, among
other things, modifying the hours in which solicitation
shall be permitted to between 9:00 A.M. and 9:00 P. M.
ADOPTED this '-ink day- of ~~,~~~C~~ , 1988.
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SPONSORED BY:
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