410 F. App'x 506
3rd Cir.2011Background
- Philadelphia ordinance prohibits acting as a tour guide on Center City public right-of-way without a City tour guide certificate.
- Certificate requires passing a written examination testing knowledge of geography, history, historic sites, and centers of interest.
- City has not developed the written test or the certification program due to a budget crisis and has no concrete plans to do so in the foreseeable future.
- City has disavowed enforcement for the foreseeable future and will only enforce once a written test is announced.
- Appellants challenge the mandatory certificate as a First Amendment violation; the District Court dismissed for lack of ripeness.
- Court affirms not ripe after applying the Step-Saver ripeness framework.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the free-speech challenge ripe for review? | Bruhl argues the claim is ripe because enforcement is imminent. | City argues there is no real threat of enforcement given budget constraints and lack of a written test. | Not ripe. |
Key Cases Cited
- Step-Saver Data Sys., Inc. v. Wyse Tech., 912 F.2d 643 (3d Cir. 1990) (ripeness factors; declaratory judgments)
- Presbytery of N.J. of Orthodox Presbyterian Church v. Florio, 40 F.3d 1454 (3d Cir. 1994) (ripeness and chills to fundamental rights)
- Peachlum v. City of York, 333 F.3d 429 (3d Cir. 2003) (liberal ripeness approach for facial challenges)
- Salvation Army v. Dep’t of Cmty. Affairs, 919 F.2d 183 (3d Cir. 1990) (express assurance against enforcement affects ripeness)
- NE Hub Partners, L.P. v. CNG Transmission Corp., 239 F.3d 333 (3d Cir. 2001) (utility/real-world impact considerations in ripeness)