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AD WORLD, INC. v. TOWNSHIP OF DOYLESTOWN

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


June 12, 1985

AD WORLD, INC., Plaintiff
v.
TOWNSHIP OF DOYLESTOWN, Defendants

The opinion of the court was delivered by: WEINER

WEINER, J.

 MEMORANDUM

 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.

  DAMAGES 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

19850612

© 1992-2004 VersusLaw Inc.



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