An Arkansas town has settled a lawsuit regarding a controversial local ordinance banning canvassing.
Rose Bud is located near Greenbrier in White County. In 2024, the city council passed an ordinance limiting petition gathering on public property. The ordinance required petitioners: “rent a booth or spot as selected by the City of Rose Bud, Arkansas, at any such event from which and only from which such solicitation activities may be conducted.”
The ordinance was passed days before “Summerfest,” the town's three-day public festival in a ballpark.
City officials insisted the ordinance protected citizens from being disturbed by petitioners. Attorney Donald Raney said he didn't want festival-goers to have a petition “shoved” in their face.
But, petition gathering is a right protected in the First Amendment of the US Constitution.
For AR Kids – an advocacy group – was hoping to collect signatures at Summerfest to put an education amendment on the ballot for voters. The group quickly enlisted the help of the ACLU of Arkansas to sue the city. Hours before the festival started, U.S. District Judge Kristine Baker heard arguments over the ordinance.
Raney struggled to answer basic questions Baker asked him. He repeatedly referenced the Supreme Court, but couldn’t name a case specifically. Meanwhile, an ACLU attorney argued the ordinance was clearly unconstitutional.
The hearing was halted midway for Raney to make phone calls to city officials to better understand his defense of the policy.
The same day, Baker granted a restraining order against Rose Bud, allowing the group to collect signatures at Summerfest.
On Thursday, Rose Bud finally settled the lawsuit. They agreed to pay the almost $4,000 legal bill. They also agreed to let the ACLU know 30 days in advance if they ever attempt to pass a canvassing ordinance again.
