Richard Brown and Ernest King, Plaintiffs-Respondents and Cross-Appellants v. City of Newark, a Municipal…

Summary

The Supreme Court of New Jersey upheld most of Newark's peddler ordinance, finding the sections on cart size, receipt requirements, distance restrictions, and bus‑stop limitations to be rationally related to legitimate public interests, but it struck down section (d) as unconstitutionally vague and not rationally related to reducing sidewalk congestion. The Court applied a rational‑basis review to the economic regulations and remanded for entry of a judgment consistent with its opinion. Justice O’Hern dissented, arguing that section (d) should be upheld, and Justice Stein concurred in part and dissented in part, agreeing with the invalidation of section (d) but urging invalidation of additional distance and safety provisions.