News
Court Limits Federal Challenge to Rules
RALEIGH — The U.S. 4th Circuit Court of Appeals has clarified under what circumstances someone may challenge the constitutionality of a state or local regulation. In a case involving an Asheville street preacher, the appeals court held that those who have not exhausted their appeals under state law may not sue in federal court to recover potentially unconstitutional fines they have already paid. The preacher was fined for violating city noise ordinances, but instead of pursuing local or state appeals, he filed suit in federal court. The appeals court found that previous rulings based upon the principle of federalism precluded his approach.