Commonwealth Court. Clearly, the Commonwealth of Pennsylvania possesses a vital interest in executing and vindicating the policies underlying the Solicitation of Charitable Funds Act. ACORN did not raise its constitutional objections before the Commission, but it is not precluded from doing so on appeal, see 2 Pa.C.S. § 703, and the Commonwealth Court is most competent to adjudicate the constitutional issues. Claflin v. Houseman, 93 U.S. 130, 136, 23 L. Ed. 833 (1876).
B. Plaintiff PICA
Similarly, Plaintiff PICA has not convincingly shown that its claim is ripe for adjudication. Admittedly, this question is an exceedingly close one. A plaintiff who challenges a statute must demonstrate a realistic danger of sustaining a direct injury as a result of the statute's operation or enforcement. O'Shea v. Littleton, 414 U.S. 488, 494, 94 S. Ct. 669, 675, 38 L. Ed. 2d 674 (1974). The mere existence of a statute or regulatory program that may "chill" a party's activity because of the subjective and speculative belief in the possibility of future enforcement is not sufficient to present a case or controversy within the meaning of Article III of the Constitution. Laird v. Tatum, 408 U.S. 1, 13-14, 92 S. Ct. 2318, 2325-26, 33 L. Ed. 2d 154 (1972). For these purposes, a specific present objective harm or a threat of specific future harm is necessary. Id. Although it has been consistently held that failure to apply for a license, or the absence of current enforcement action does not preclude a party from challenging the constitutionality of an ordinance on its face, Shuttlesworth v. Birmingham, 394 U.S. 147, 151, 89 S. Ct. 935, 939, 22 L. Ed. 2d 162 (1969); Freedman v. Maryland, 380 U.S. 51, 56, 85 S. Ct. 734, 737, 13 L. Ed. 2d 649 (1965), there is no indication here that Defendants have done anything more than inform PICA that it is expected to comply with the law. See Nypirg v. Town of Hempstead, No. 78-2097 (E.D.N.Y. Feb. 1, 1979) quoted in New York Public Interest v. Village of Roslyn Estates, 498 F. Supp. 922, 928 (D.C.N.Y.1979). Plaintiff PICA, for its part, has merely expressed its intention to begin solicitation and inquired as to what is required under the Act if it wishes to carry out its proposed canvassing. PICA has never carried on canvassing of this nature before, and testimony as to its precise plans was particularly vague and unfocused. PICA's position is not unlike that of the intervening plaintiffs in Younger v. Harris, 401 U.S. 37, 91 S. Ct. 746, 27 L. Ed. 2d 669 (1971), who claimed that the prosecution of plaintiff Harris under California's criminal syndicalism statute inhibited them from peacefully advocating their political views. Id. at 39 & 42, 91 S. Ct. at 748 & 749. Cf. Steffel v. Thompson, 415 U.S. 452, 459, 94 S. Ct. 1209, 1215, 39 L. Ed. 2d 505 (1974) (plaintiff warned twice to stop handbilling). Under these circumstances, it is questionable whether PICA is presenting an actual controversy or requesting this court to render an advisory opinion.
III. The Individual Plaintiffs
A. Plaintiffs Kest and Streich
In regard to the individual plaintiffs, there is considerable doubt whether they possess the requisite standing to assert their claims. In the absence of a statute conferring standing, federal plaintiffs must allege some concrete impingement upon their personal interests, Frissell v. Rizzo, 597 F.2d 840, 846 (3d Cir. 1979), cert. denied, 444 U.S. 841, 100 S. Ct. 82, 62 L. Ed. 2d 54 (1980). See also Schlesinger v. Reservists to Stop The War, 418 U.S. 208, 217-227, 94 S. Ct. 2925, 2930-2935, 41 L. Ed. 2d 706 (1974); Linda R. S. v. Richard D., 410 U.S. 614, 617-618, 93 S. Ct. 1146, 1148-1149, 35 L. Ed. 2d 536 (1973); Flast v. Cohen, 392 U.S. 83, 101-102, 88 S. Ct. 1942, 1953, 20 L. Ed. 2d 947 (1968), or, in appropriate cases, some substantial infringement of the rights of other parties not before the court. Village of Schaumburg v. Citizens For a Better Environment, 444 U.S. 620, 634, 100 S. Ct. 826, 835, 63 L. Ed. 2d 73 (1980); Clark v. Lutcher, 436 F. Supp. 1266, 1269 (M.D.Pa.1977). Plaintiff Streich serves as Training Director of PICA. Kest is Head Organizer for ACORN's Pennsylvania operation. Neither Streich nor Kest has alleged individual injury as a result of enforcement of the statute they seek to invalidate. Their respective employers, PICA and ACORN, are present before the court to vindicate their own rights. Consequently, we cannot ascertain on what grounds Streich and Kest seek to invoke the jurisdiction of this court.
B. Plaintiff Fischer
Plaintiff Fischer claims standing as a potential "hearer" of protected speech. In certain cases, the Supreme Court has recognized the right of hearers to object to restrictions placed upon persons whom they wish to hear. See, e.g., Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council Inc., 425 U.S. 748, 756-57, 96 S. Ct. 1817, 1822-1823, 48 L. Ed. 2d 346 (1976); Procunier v. Martinez, 416 U.S. 396, 408-409, 94 S. Ct. 1800, 1809, 40 L. Ed. 2d 224 (1974); Kleindienst v. Mandel, 408 U.S. 753, 762-65, 92 S. Ct. 2576, 2581-83, 33 L. Ed. 2d 683 (1972); Lamont v. Postmaster General, 381 U.S. 301, 85 S. Ct. 1493, 14 L. Ed. 2d 398 (1965). As pointed out in Frissell v. Rizzo, 597 F.2d 840 (3d Cir. 1979), cert. denied 444 U.S. 841, 100 S. Ct. 82, 62 L. Ed. 2d 54 (1980), however, in those cases the hearer asserted an injury to an interest in a defined relationship with a specific speaker or speakers. Id. at 847. This requirement assures that the litigant will have more than an abstract interest in the legality of government conduct.
In this action, Reverend Fischer merely professes a desire to have PICA, ACORN and other, similar, organizations come into his Harrisburg neighborhood to canvass. PICA and ACORN do not currently operate in the Harrisburg area. Both organizations are based in Philadelphia, and neither expresses more than a vague desire to expand into the Harrisburg area at some unspecified time in the future.
This broad allegation of a generalized chilling effect appears to go beyond even the wide parameters for standing set by Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council Inc., 425 U.S. 748, 96 S. Ct. 1817, 48 L. Ed. 2d 346 (1976), in which potential consumers were seeking to void Virginia's ban on price advertising for prescription drugs. The plaintiffs in that case were prescription drug users and consumer action groups, some of whose members used prescription drugs. Id. at 753, 96 S. Ct. at 1821. Moreover, the parties stipulated that "some pharmacies" would advertise price information in the absence of the prohibition. Id. at 756 n.14, 96 S. Ct. at 1823 n.14. In Laird v. Tatum, 408 U.S. 1, 92 S. Ct. 2318, 33 L. Ed. 2d 154 (1972), in contrast, the Court denied standing to plaintiffs who alleged a chilling effect arising from the mere existence of an Army surveillance program and the possibility that it could be directed against them at some point in the future. Id. at 13, 92 S. Ct. at 2325. The facts of Reverend Fischer's case fall somewhere between Virginia State Board of Pharmacy and Laird. It is not at all clear, however, that his relationship to PICA and ACORN is more akin to the particularized interest in a speaker's activities identified in Virginia State Board of Pharmacy than to the undifferentiated public concern found in Laird.
For the above reasons, Plaintiffs' motion for a preliminary injunction is denied.