City attorney Roger Horner

"The trial is set for December 2012. We are in the discovery process in which both sides are able to request information that might be pertinent to the case," Brentwood City Attorney Roger Horner said late last week.

Despite efforts in negotiation between both parties, the American Civil Liberties Union of Tennessee filed a lawsuit in June against the City of Brentwood for violating the freedom of speech and press rights of The Contributor and its vendors. Some were surprised that the ACLU and newspaper produced and sold by homeless and formerly homeless individuals continued to pursue the case when the City of Brentwood amended an existing in July that revised Section 58-1 of city code to state that vendors can sell newspapers from sidewalks. Vendors are still prohibited from stepping into the street for the sale and drivers are prohibited from handing donations to or receiving newspapers from the vendors.

As previously reported in Brentwood Home Page, The Contributor believes that not permitting vendors into the street would limit the newspaper and its vendors from sharing their message and from creating a sense of community between vendors and customers.

"The American Civil Liberties Union continues to be concerned about free speech and press rights of The Contributor and its vendors, who filed this case to vindicate their First Amendment rights," Tricia Herzfeld, ACLU-TN legal director recently said.

A City Commission report on the amended ordinance states that, "It should be emphasized that the City has no interest in prohibiting the sale of newspapers, banning individuals from the city limits or ceasing contributions to worthy causes. The purpose of the proposed ordinance is to prevent accidents and other safety hazards to motorists and pedestrians and to avoid interference with the safe and efficient flow of traffic on busy streets."

Attorney Horner said, "It all boils down to if a person has a constitutional right to step out into the street to sell newspapers, and we have different opinions on that issue."