National Federation of the Blind of Texas, Incorporated, et al. v. City of Arlington, Texas

The City of Arlington, Texas, has banned charitable donation boxes on consenting private property in 25 of 28 zoning districts in the City, foreclosing placement at churches, faith-based schools, and commercial locations where donors can see and conveniently access the boxes. Donation boxes have been used for thousands of years as an important and unique means of soliciting and receiving donations for charitable causes. Arlington has made this fully protected speech and association a crime in the 25 forbidden zones, which comprise most of the City. The Charities seek to peacefully speak and associate with donors through donation boxes on consenting private property to build awareness for their charitable and religious causes, appeal for support of those causes, and collect much-needed charitable contributions. Yet, Arlington prohibits them from doing so. The questions presented are:

1. Whether the most exacting scrutiny long applied by this Court to laws banning or burdening fully protected charitable solicitations applies to a ban on donation boxes.

2. Whether the court below erred by failing to properly require narrow tailoring under intermediate scrutiny.