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Comparative Constitutional Law Keyed to Sutton, 5th Ed.
Smith v. Isakson
Citation:
962 N.W.2d 594 (2021)Facts
On August 2, 2020, Eric Smith was operating a stand selling political merchandise promoting a presidential campaign on a boulevard between the sidewalk and Washington Street in south Bismarck. Bismarck police officers responded to the scene after receiving calls from both a nearby restaurant employee and Smith himself. The restaurant employee had allegedly removed Smith’s political flags from the area. Officers discovered Smith’s stand was located on public property and informed him of the ordinance prohibiting commercial use of public grounds without a permit. Despite this warning, the City alleged Smith continued to sell his merchandise. On September 2, 2020, the City filed a summons and complaint against Smith in municipal court for violating Bismarck City Ordinance § 10-05.1-01, which restricts commercial use of public property without a permit.
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