IN THE UNITED STATES
DISTRICT COURT
FOR THE WESTERN DISTRICT OF ARKANSAS
JOHN
S. LA TOUR,
)
Plaintiff,
)
v.
)
)
CITY OF FAYETTEVILLE, ARKANSAS
) File Number:
BRANDT WARWICK
)
02-5001
CASEY JONES
)
KIT WILLIAMS
)
BOB ESTES
)
MIKE MCKIMMEY
)
Defendants, in both their individual and official
)
Capacities.
)
____________________________________
Motion
for Partial Summary Judgment on
The Issue of the Facial Constitutionality of the Fayetteville, Arkansas
Sign Ordinance, UDO Chapter 174 (Formally Ch. 158)
INTRODUCTION
1.
I am filing this motion for partial summary judgment in an attempt to
expedite this case and preserve scarce judicial resources.
Other issues in this case will require the finder of fact to intervene,
but the facial constitutionality of the ordinance will require no such
intervention. Filed contemporaneously with this motion is a brief in its
support.
POSITION AND ARGUMENTS
2. It is undisputed that the Fayetteville Unified Development Ordinance, Title 15, Chapter 174, formally chapter 158 (the “sign ordinance” or the “ordinance”), is the Fayetteville law that governs signs in the city limits of the City of Fayetteville, Arkansas. Moreover, in order to rule on the constitutional nature of this ordinance as drafted, no other genuine issue of material fact exists. Indeed, a simple reading of the ordinance will expose the facial unconstitutional provisions that produce content-based regulations and an illegal prior restraint.
3. For the Court’s convenience I have attached a copy of the ordinance to this motion as Exhibit A.
CONCLUSION
4. Thus, I motion this honorable Court under the authority of the Federal Rules of Civil Procedure, Rule 56.
WHEREFORE,
premises considered, I ask and pray:
1.
That this Court enter summary judgment on the constitutionality of the
ordinance on its face in favor of the Plaintiff; and,
2.
For all other relief which this Court considers correct and just.
Respectfully submitted,
JOHN S. LA TOUR
BY: ________________________
John S. La Tour, Pro Se
October 7, 2002
JOHN S. LA TOUR
Certified Public Accountant
112 Center Street, Suite 560
Fayetteville, AR 72701
(479) 443-7878
EXHIBIT
A
Fayetteville, Arkansas
Unified Development Ordinance, Title 15, Chapter 174, Formally Chapter 158