He added, “I do not anticipate any changes to the ordinance at this time, but as you know ordinances are amended from time to time as necessary.”

One supervisor told the Martinsville Bulletin that they discussed the ACLU’s letter as part of the closed session at its meeting Tuesday. One of the official reasons the board gave for going into closed session was for discussion of pending legal matters.

When asked Wednesday about the ACLU matter, Lyle said, “I do not discuss matters discussed in closed session.”

Claire G. Gastañaga, executive director of ACLU of Virginia, wrote a letter dated April 10 to Chairman Jim Adams and other members of the Henry County Board of Supervisors. That letter contends, among other things, that the wording of the prohibition is too broad to withstand a legal challenge.

The letter notes that solicitation is protected speech and states that the ordinance “likely is unconstitutional because it lacks the tailoring required of a legitimate time, place, and manner restriction.”

It also goes on to note that “The ordinance passed by the Henry County Board of Supervisors is not narrowly tailored to serve the county’s interest in safety and efficient traffic flow. The ordinance applies to a substantial number of situations in which no traffic problems or safety issues are likely to arise. For example, the ordinance would prohibit the solicitation of occupants of vehicles who are lawfully parked by the side of the road, or those who pull over out of traffic flow.”

The supervisors unanimously voted March 26 to regulate solicitation of motorists as a traffic safety ordinance.

The ordinance says solicitation of money, distribution of materials or offering services to motorists is prohibited. That includes:

-- The distribution of handbills, leaflets, bulletins, literature, advertisements, or similar material to the occupants of motor vehicles on highways or on public roadways and medians in the county.

-- There will be no asking for donations from the occupants of motor vehicles on highways or on public roadways and medians.

--There will be no selling or attempted selling of merchandise or services to occupants of motor vehicles on highways or on public roadways and medians.

Violators can be fined up to $350.

At the supervisors’ meeting on March 26, County Attorney Lyle told the board that the county ordinance falls in line with state law.

“Currently as it stands under state law, you are not allowed to solicit motorists, distribute handbills, request contributions, sell items to people on the highway,” he said. “So the General Assembly authorized counties and cities to adopt the ordinance that I drafted for you.”