Judge Says ‘Integrity’ Rule Infringes on Charity’s Rights
April 18, 2002 | Read Time: 1 minute
Citing potential infringement of free-speech rights, a federal judge has barred the city of Nashville from enforcing a local fund-raising ordinance against Feed the Children. The ordinance allows the city to consider charities’ “reputation for honesty and integrity” in deciding whether to grant them permits to solicit donors.
Feed the Children, an Oklahoma City group, has been rocked by scandals. In 1999 its employees were accused of stealing donated goods. In addition, Feed the Children has admitted that it used forged financial audits when applying for permits from Nashville.
The city decided not to renew Feed the Children’s permit in 2000 until it submitted corrected documents. Nashville granted a permit in 2001, but accused the charity of wrongly soliciting donors during the period when it lacked a permit. Feed the Children sued Nashville officials over the permit dispute.
U.S. District Judge Robert L. Echols ruled that Nashville could not enforce the ordinance with regard to Feed the Children until the lawsuit is over. He said that allowing the city to consider whether a group has sufficient character to be permitted to raise money invites local officials to consider whether they agree with a charity’s views.
Karl F. Dean, Nashville’s director of law, declined to say whether the city would seek to enforce the law in cases involving charities other than Feed the Children. But given the court’s decision, he said, the city is “looking at the ordinance carefully.”