Last week, the Tenth Circuit Court of Appeals issued an order denying a motion by the plaintiff in the case of Evans v. Sandy City for an en banc rehearing. In ruling on the motion, the court issued a revised opinion. In the revised opinion, the court reaffirmed that Sandy City, Utah’s prohibition on sitting or standing in a street median narrower than 36 inches was constitutional. The court reiterated that the restriction was content neutral, and that it was narrowly tailored to the city’s interest in protecting public safety.
Evans v. Sandy City, ___ F.3d ___, 2019 WL 6519431 (10th Cir. Dec. 3, 2019).