Defiance City Council met on Tuesday night. According to the Crescent News, a Defiance municipal ordinance that is the subject of a lawsuit filed by the American Civil Liberties Union on behalf of a local group was amended at that meeting.
The suit is pending in the U.S. Northern District Court in Toledo, and challenges a city ordinance prohibiting “painting” on public sidewalks.
The Occupy Defiance group had protested that the ordinance, which they claim was used as the basis to deny their efforts in 2012 to place messages on city sidewalks, is unconstitutional.
The ordinance approved at this week’s council meeting amends that previous ordinance to state that “no person shall recklessly deface or disfigure any sidewalk or part thereof by painting on the sidewalk with permanent or impermanent materials, or by pasting or placing printed bills or posters thereon. No person shall spit on any street of sidewalk or in any public place in the city.“
City law director David Williams told council that the change would eliminate any ambiguity in the ordinance.