Statement of Facts: The mall in Avondale itself is private property, Hague v.

NLRB, while the courtyard inside the mall is a public forum. This space has been used previously for festivals, concerts, and public gatherings. Since its a public forum, free speech should be allowed to people exercising their First Amendment rights. Due to shopper population dwindling when there is a public demonstration going on, the city council put an ordinance in place charging a licensing fee in order for a group to use the area. The ordinance allowed the city manager to charge anywhere from zero to $10,000 to use the area, but she was not given any guidelines as to how to charge groups. The Homeless Coalition filed a lawsuit against Avondale stating that the ordinance violated their First Amendment rights. Legal Question: Does the ordinance violate the Homeless Coalitions free speech rights? Is the space in the mall considered a public forum? Decision: The open area in the mall is a public forum because it is an open air park that has been used as a public forum prior to this and will continue to be used as one after this. The ordinance is unconstitutional because it is not narrowly tailored because it does not give any guidelines for the city manager to follow. Reasoning: Since the ordinance does not have any guidelines, it makes it not narrowly-tailored and it can also cause a group not to use the space based on how much they will be charged, making it content discrimination. The manager is completely able to charge whatever she deems necessary.