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Final Copy 286 Ga. 760 S09A1799. BRALEY v. CITY OF FOREST PARK. Hines, Justice. Paul Braley ("Braley") has a leasehold interest in property in Forest Park, Georgia, where he operates a retail salvage store. Since 1984, he has displayed merchandise for sale to the public in front of the store in an area where there is a sidewalk and places to park. In March 2007, the City of Forest Park ("City") amended its ordinances to establish a new Section 9-8-45, regulating the display of goods and merchandise for sale outside stores; the stated purpose of the ordinance is "to prohibit the obstruction of public sidewalks and parking areas by the display of goods and merchandise . . . ." The ordinance reads: Section 9-8-45. Outdoor Displays of Merchandise; Obstruction of Sidewalks, Public Parking Areas, and Other Public Areas Prohibited. (a) Notwithstanding any other provision of this Code of Ordinances, merchants may display and hold out goods and merchandise for sale outdoors only if such goods and merchandise are located within and confined to an area extending not more than
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four (4) feet into the sidewalk measured from the outside wall of their licensed premises, but in no event shall any such goods and merchandise be placed in any portion of the sidewalk that lies within an area of at least three (3) feet in width as measured from the outer edge of the sidewalk toward the licensed premises, nor shall any such goods and merchandise be placed in any other paved areas on or adjacent to the licensed premises which are dedicated or intended for public parking or for traversing by pedestrians or motor vehicles, nor in any public right of way. (b) Notwithstanding the foregoing, the following goods and merchandise shall not be displayed outdoors: any apparel, including but not limited to, suits, shirts, pants, jackets, socks, stockings, shoes, sandals, boots, hats, dresses, coats, and similar items intended for dressing. (c) Motor Vehicles, whether new or used, may be displayed outdoors provided that they are displayed in accordance with other provisions of this Code of Ordinances, and State and federal law. (d) Other items allowed for outdoor display include motor homes, recreational vehicles, travel trailers, and other units that constitute portable signs or attractions within the meaning of Chapter 3, Title 8 of this Code of Ordinances. (e) It is the intent of the Mayor and City Council for the City of Forest Park, Georgia that the use of public sidewalks as regulated and restricted herein shall not constitute a "nonconforming use" of property as that phrase is defined in the Zoning Ordinance of the City of Forest Park, Georgia, Title 8, Chapter 8, Article D, Section 8-8-31. (f) As used in this Section, the term "public sidewalk" shall mean and include any paved area or passageway lying adjacent to a public street or right of way that is dedicated or intended for traversing by the general public, on foot, by motor vehicles, or otherwise, whether such area or passageway is owned by a private party or in the public right of way, or not, and shall specifically include, without limitation of the generality of the foregoing, any parking spaces open to the public and other public areas dedicated
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or intended for traversing by the general public, on foot, by motor vehicles, or otherwise. On April 5, 2007, the City informed Braley that he was in violation of the ordinance, and subject to criminal prosecution.1 Braley then filed a petition for declaratory judgment and equitable relief, seeking, inter alia, that City Code

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Georgia Law