Dennis Sobin, head of The Prisons Foundation, was repeatedly threatened with arrest for selling materials related to his sidewalk advocacy for prison reform. We believe he has a right to sell them, without a vending permit, under a D.C. law that permits the sale of relevant materials as part of a lawful assembly.
In September 2007, after pre-litigation negotiations, the government agreed to give Mr. Sobin a letter saying that his conduct is lawful, to provide remedial training on this issue to D.C. police officers and vending inspectors, and to pay him $3,000 in damages.
But in 2009, the government asserted that a new vending statute required Mr. Sobin to get a permit. We worked with the D.C. Council to add language to the vending law making it clear that the prior statute remained controlling.