Dallas Association of Community Organizations for Reform Now v. Dallas County Hospital District

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC On petition for rehearing en banc, the Dallas Association of Community Organizations for Reform Now (ACORN) has challenged our opinion, 656 F.2d 1175 (5th Cir. 1981), in which we declined to reach the question of the constitutionality of the ""no solicitation"" rule. The facts in this dispute are adequately set forth in that opinion. Upon reconsidering the matter, and for the reasons set forth below, we modify that opinion, vacate our affirmance of the District Court's, 478 F. Supp. 1250, holding, and reverse and remand on that issue. We now hold that the District Court should pass on the constitutionality of that rule in light of the principles discussed in the remainder of this opinion.