VCPORA prevails in lawsuit attempting to quash our right to free speech!
We are pleased to announce that a lawsuit seeking to silence VCPORA from our advocacy protecting the Vieux Carre has been dismissed by the Louisiana Fourth Circuit Court of Appeal. (Read today's Times-Picayune story on the case by clicking here.) The case arose from our successful campaign to pass an ordinance placing modest limits on the so called "ghost tours." These late night, large and boisterous throngs of people were overwhelming the residential part of the Vieux Carre. The Court of Appeal found that VCPORA's forceful and persistent advocacy in support of the ordinance's passage was protected speech under the First Amendment to the United States Constitution.
Sidney Smith and Haunted History Tours, one of the few opponents to reasonable regulation of these tours, brought the lawsuit. In addition to losing his battle with VCPORA in this case, Smith's lawsuit against the city over the constitutionality of the ordinance had been previously dismissed.
The ruling is a major victory for the Vieux Carre and those organizations who speak out to preserve the most important foundations of New Orleans. Whether the issue is offensive and late-night ghosts tours or some other menace to the Vieux Carre, VCPORA will continue its seventy-five year tradition of protecting, preserving and enhancing the Vieux Carre.
Councilmember-at-Large Jacquelyn Brechtel Clarkson, then serving as representative for District C and the Vieux Carre, was instrumental in passing the historic ordinance placing restrictions on these all-hours, all-sizes "ghost tours."
"I was very proud to have passed this walking tour ordinance and thereby protected the French Quarter from being overrun by large "ghost tour" groups which went late into the night. I look forward to continuing to work with citizen groups across the city to protect, enhance and strengthen New Orleans."
Mike Moffitt, president of VCPORA, agreed on the importance of the ruling. "VCPORA will never be intimidated by people who would have us shy away from the important mission of protecting and preserving the Vieux Carre. This is a historic affirmation of our advocacy to protect an essential and endangered part of New Orleans. I am proud of what VCPORA has done and continues to accomplish."
VCPORA was represented by Frederic Theodore "Ted" Le Clercq of Deutsch, Kerrigan & Stiles, LLC. Le Clercq said: "Our courts have long recognized that vigorous debate on controversial issues of public concern is essential. This decision affirms that bedrock principle and supports VCPORA's commitment to advocacy."
Sidney Smith and Haunted History Tours, one of the few opponents to reasonable regulation of these tours, brought the lawsuit. In addition to losing his battle with VCPORA in this case, Smith's lawsuit against the city over the constitutionality of the ordinance had been previously dismissed.
The ruling is a major victory for the Vieux Carre and those organizations who speak out to preserve the most important foundations of New Orleans. Whether the issue is offensive and late-night ghosts tours or some other menace to the Vieux Carre, VCPORA will continue its seventy-five year tradition of protecting, preserving and enhancing the Vieux Carre.
Councilmember-at-Large Jacquelyn Brechtel Clarkson, then serving as representative for District C and the Vieux Carre, was instrumental in passing the historic ordinance placing restrictions on these all-hours, all-sizes "ghost tours."
"I was very proud to have passed this walking tour ordinance and thereby protected the French Quarter from being overrun by large "ghost tour" groups which went late into the night. I look forward to continuing to work with citizen groups across the city to protect, enhance and strengthen New Orleans."
Mike Moffitt, president of VCPORA, agreed on the importance of the ruling. "VCPORA will never be intimidated by people who would have us shy away from the important mission of protecting and preserving the Vieux Carre. This is a historic affirmation of our advocacy to protect an essential and endangered part of New Orleans. I am proud of what VCPORA has done and continues to accomplish."
VCPORA was represented by Frederic Theodore "Ted" Le Clercq of Deutsch, Kerrigan & Stiles, LLC. Le Clercq said: "Our courts have long recognized that vigorous debate on controversial issues of public concern is essential. This decision affirms that bedrock principle and supports VCPORA's commitment to advocacy."