SeeAshley Cty., Ark. v. Pfizer, Inc. , 552 F.3d 659, 665 (8th Cir. 2009). "Judgement on the pleadings is appropriate only when there is no dispute as to any material facts and the moving party is entitled to judgment as a matter of law." Id. The County's arguments focus heavily on Ass'n of Cmty. Organizations for Reform Now ("ACORN") v. St. Louis Cty. , 726 F. Supp. 747 (E.D. Mo. 1989), aff'd , 930 F.2d 591 (8th Cir. 1991), in which, according to the County, Section 1209.090 was "definitively upheld by this Court and by the Eighth Circuit." Thus, the argument goes, ACORN is "stare decisis as to this particular ordinance" so that plaintiff's complaint "leaves no [factual] dispute" and instead "establish[es] defendant is entitled to judgment as a matter of law."

JOHN R. GIBSON, Circuit Judge. This case presents a first amendment challenge to a traffic code provision prohibiting solicitation in the roadways of St. Louis County, brought by ACORN, a nonprofit advocacy organization, and one of its members, against St. Louis County, Missouri, its Superintendent of Police and its Director of Revenue. After a bench trial, the district court held that the challenged regulation is a permissible time, place and manner restriction serving the government's interest in safety and traffic efficiency and entered judgment for St. Louis County. Association of Community Organization for Reform Now v. St. Louis County, 726 F. Supp. 747 (E.D.Mo. 1989). ACORN appeals, arguing that its method of in-the-roadway solicitation is safe, and that St. Louis County could have achieved its desired result in a less restrictive manner.

There is no dispute that the County is a political subdivision of the State of Missouri. See Association of Cmty. Orgs. for Reform Now v. St. Louis Cty., 726 F. Supp. 747, 749 (E.D. Mo. 1989). The ADA allows an individual "alleging [intentional employment] discrimination on the basis of disability" under the ADA, 42 U.S.C. § 12117(a), to recover compensatory and punitive damages in addition to other authorized relief.