UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
June 12, 1985
AD WORLD, INC., Plaintiff
TOWNSHIP OF DOYLESTOWN, Defendants
The opinion of the court was delivered by: WEINER
Plaintiff brought this action challenging the constitutionality of an ordinance which made it unlawful to distribute advertising material by certain means to residences without the owner's or occupier's consent. We denied the plaintiff's claim for injunctive relief and damages. 510 F. Supp. 851 (E.D. Pa. 1981). On appeal, the Court of Appeals for the Third Circuit held that the ordinance was unconstitutional, and remanded the case to us for further proceedings with respect to the plaintiff's damage claim consistent with its opinion. 672 F.2d 1136 (3d Cir. 1982).
We entered an injunction on April 13, 1982 enjoining the defendant from enforcing the ordinance. Presently before the court is the motion of the plaintiff for damages of $330,000 and attorneys fees and costs of $82,164.00. The parties agreed to submit evidence as to damages, attorneys fees and costs by affidavits of witnesses.
The plaintiff claims that it was threatened with immediate prosecution under the ordinance during the period of time that the ordinance was in effect, between April 17, 1981 and April 13, 1982. During that approximate one year period, the plaintiff alleges that it suffered monetary damages as follows:
1. Increased out-of-pocket costs of
using the U.S. mail service
instead of hand delivery
house-to-house $ 80,000
2. Decreased net advertising
revenues as compared with net
revenues had the ordinance not
be enacted $ 150,000
3. General damages for
unconstitutional prohibition of
the exercise of First and
Fourteenth Amendment Rights $ 100,000
© 1992-2004 VersusLaw Inc.