Nashville Pride Festival. Source: The Tennessean.

In a case that we reported on over a year ago, last fall, the Sixth Circuit Court of Appeals reversed a Tennessee judge’s entry of summary judgment in favor of the Nashville metropolitan government, finding instead that the relocation of protesters at Nashville’s Pride Festival violated the protesters’ First Amendment rights.

The facts of the case can be found in our prior post.  In short, this case arose from Nashville’s exclusion of anti-homosexuality preachers from the city’s annual Pride Festival, which celebrates the LGBT community of Nashville.

On appeal, the Sixth Circuit agreed with the district court that the area in question was a traditional public forum.  However, the appeals court found the relocation of the protesters to be content based.  Although Nashville contended that the relocation of the protesters was content neutral, because the speech in question interfered with the Pride Festival, its location obstructed ingress and egress to the Festival, and the protesters presented a danger to public safety due to the crowds that they drew.  The appellate court found that the first of these reasons was itself content based, since the protesters’ message was itself the reason that it interfered with the Festival.  In applying strict scrutiny, the Sixth Circuit found that the city had failed to demonstrate any compelling interest justifying its exclusion of the protesters from the Festival.

McGlone v. Metro. Govt. of Nashville, 749 Fed. Appx. 402 (6th Cir. 2018).

The Lindsey-Flanigan Courthouse in Denver. Source: CGL Companies.

Over the past couple of years, we’ve reported on a case involving pamphleteering activities on the plaza that lies outside of the Lindsey-Flanigan Courthouse here in our home city of Denver, Colorado.  Things have gotten interesting again, as the Tenth Circuit last month reversed a decision of the federal district court finding the City and County of Denver in contempt following its decision to arrest an individual for distributing literature on the plaza.

We’ll first bring our readers back up to speed.  This case involved the question of whether a group could lawfully distribute literature about jury nullification on the plaza.  The Second Judicial District, a state court, prohibited demonstrations and literature distribution on the plaza.  The plaza area is owned by Denver, and the state court is a tenant on the property.  Denver Police arrested a member of the pamphleteering group, which resulted in a First Amendment claim against the city and the state court.  Denver stipulated that the plaza was a public forum, and further stipulated that it would not enforce the prohibitions on literature distribution, but the Second Judicial District disagreed with Denver’s position.  The federal court then entered a preliminary injunction against the Second Judicial District, and dismissed Denver from the case.  A prior Tenth Circuit order upheld the preliminary injunction.  On a motion for permanent injunction, the court agreed with the Second Judicial District and found that the plaza was not a traditional public forum. Continue Reading In Another Chapter of Denver Courthouse Plaza Battle, Tenth Circuit Reverses Contempt Order

In mid-July, the Sixth Circuit Court of Appeals upheld a district court’s entry of summary judgment for the City of Shaker Heights, Ohio and one of its police officer co-defendants in a sign case arising out of animosity between two neighbors in the wealthy Cleveland-area suburb.

Upon the belief that her neighbors, Richard and Elizabeth Minkowetz, were committing acts of vandalism against her property, Gladys Wilson began posting signs in her windows facing the Minkowetzes’ property.  Examples of the signs’ messages include “nasty lil twit,” “Peeping Tom Exposed,” “Zoomed Zapped and Snapped,” and “Thur. 10:50.”  After the Minkowetzes complained to the city about the signs, the city dispatched one of its police officers to Wilson’s home, and she was later charged with disorderly conduct.  In response, Wilson filed claims against the city, one of its police officers, and its prosecutor under Section 1983 alleging, among other things, a First Amendment retaliation claim.  She also alleged malicious prosecution and equal protection claims. Continue Reading In a “Nasty” Neighborhood Sign Dispute, Shaker Heights, Ohio Prevails

Tents along Lake Shore Drive in Chicago. Source: Chicago Tribune.

Earlier this month, in a case challenging the denial of permits to erect a homeless “tent city” in front of a former elementary school in the Uptown neighborhood of Chicago, a federal magistrate judge dismissed the organizers’ First Amendment claim.  While one count of the plaintiffs’ complaint will move forward, the order dismisses all of the plaintiffs’ federal claims.

Uptown Tent City Organizers and its leader, Andy Thayer, sought a permit from the City of Chicago to establish a tent city in the former elementary school site.  In 2016, several homeless people had resided at the site, but the city fenced it off and the homeless people moved to various locations under viaducts along the city’s famed Lake Shore Drive.  The plaintiff filed claims in state court challenging the city’s denial of the permit, and the city removed the case to federal court.  The plaintiffs lost a motion for preliminary injunction, and subsequently amended their complaint to add First Amendment free speech and assembly, Eighth Amendment cruel and unusual punishment, Fourth Amendment illegal seizure, Fifth Amendment taking, and various state law claims.  Continue Reading Homeless “Tent City” Is Not Expressive Conduct Protected by the First Amendment, Says Federal Court

Silvie Pomicter protesting outside Mohegan Sun Arena. Source: The Times Leader.

We previously reported on this case, wherein a group of animal rights activists sought to protest the Barnum and Bailey Circus outside of Mohegan Sun Arena in Wilkes-Barre, Pennsylvania.  In 2016, the district court for the Middle District of Pennsylvania granted a preliminary injunction against the convention center’s protest policy, which required protesters to gather in two areas of approximately 500 to 700 square feet in the arena’s parking lot.  The facts of the case are reported in our earlier blog post. Continue Reading Animal Rights Activists Win Another Round in Circus Case

Seabrook Nuclear Power Plant. Source: Northeastern University.

A local nuclear power activist, who expresses concern about the possibility of a nuclear meltdown at a Massachusetts nuclear power, watched his First Amendment claims against the Town of Rowley “melt down” late month.  A federal district court in Massachusetts entered judgment on the pleadings in favor of the town, finding it did not engage in viewpoint discrimination, retaliation, or selective enforcement.

Stephen Comley, a town resident, posted signs in public right-of-ways throughout the town pertaining to his concerns about safety at the Seabrook Power Plant.  In 2015, Comley appeared before the town’s governing body to demand that the town take action against the power plant.  Following Comley’s appearance before the town board, he noticed that his signs began disappearing from the public right-of-ways, which reportedly hosted several other signs relating to elections and other subjects.  He then brought First Amendment claims for viewpoint discrimination, retaliation, and selective enforcement. Continue Reading Massachusetts Town Prevails in Nuclear Power Protest Case

Protesters near Planned Parenthood in Pittsburgh. Source: CBS Pittsburgh.

Last week, a federal district court granted summary judgment to the City of Pittsburgh, Pennsylvania in a long-running dispute over a buffer zone law applicable to protest activities outside of reproductive health facilities such as Planned Parenthood.  The court held that the city’s 15-foot buffer zone law was content neutral and narrowly tailored to a substantial governmental interest, and thus valid under the First Amendment.

Pittsburgh enacted its buffer zone law in 2005.  The initial buffer zone law initially imposed a 15-foot buffer zone around the entrance to a hospital or health care facility in which no person was permitted to congregate, patrol, picket, or demonstrate.  The buffer zone excepted public safety officers, emergency workers, employees or agents of the facility, and patients.  The law also imposed an eight-foot “personal” buffer zone around individuals.  In the eight-foot buffer zone, no person could approach an individual to provide a leaflet or to protest, where the individual was within 100 feet of a hospital or health care facility entrance.  The eight-foot personal buffer zone was struck down in the case of Brown v. City of Pittsburgh in 2009.  The 15-foot buffer zone remained in effect, but was challenged again in 2014 following the Supreme Court’s decision in McCullen v. Coakley, in which the Court struck down a Massachusetts law imposing a 35-foot buffer zone around health care clinics.  The plaintiffs in the case are religiously-motivated protesters who engage in protest activities around a Planned Parenthood facility in Pittsburgh.  In 2016, as we reported, the Third Circuit reversed the district court’s dismissal of the case. Continue Reading District Court Finds in Favor of Pittsburgh Buffer Zone Law

Nashville Pride Festival. Source: Nashville Pride.

Late last month, a federal district court in Tennessee granted summary judgment to the Nashville metropolitan government in a case involving the rights of protesters at the 2015 Nashville Pride Festival, which is a celebration of LGBTQ rights and culture.

Nashville Pride Festival is held in the City’s Public Square Park.  In order to hold the festival in the park, Nashville required the organization Nashville Pride to obtain a permit.  The event was ticketed, such that only those with tickets could enter into the park.  The plaintiffs in the case, John McGlone and Jeremy Peters, believe that homosexuality is a sin.  They attended the festival in protest, but stayed outside the ticketed area.  A festival employee asked them to leave the area outside of the gate, as it was subject to Nashville Pride’s permit.  Eventually, the protesters were removed to a location on the other side of the street from the park.  This location was unsatisfactory to the plaintiffs, because they believed that their message would reach less people. Continue Reading Court Upholds Relocation of Protesters at Nashville Pride Festival

A nudist political protest in San Francisco. Source: Change.org.

This post was authored by Otten Johnson summer law clerk David Brewster.  David is a rising third-year law student at the University of Denver Sturm College of Law.

Is a birthday suit like burning a draft card?  Last week, the Ninth Circuit Court of Appeals took on a First Amendment challenge to San Francisco’s public nudity ordinance, which prohibits an individual from exposing “his or her genitals, perineum, or anal region on any public street, sidewalk, street median, parklet, plaza, or public right-of-way . . . or in any transit vehicle, station, platform, or stop of any government operated transit system in the City and County of San Francisco.”  “Body freedom advocates” Oxane “Gypsy” Taub and George Davis brought an action challenging the City’s enforcement of the ordinance, alleging that it unconstitutionally prohibited expressive nudity at a political rally. The case came before the Ninth Circuit following dismissal by the United States District Court for the Northern District of California. Continue Reading Naked and Apparently Unafraid in San Francisco: Ninth Circuit Upholds Public Nudity Ban

This post was authored by Otten Johnson summer law clerk David Brewster.  David is a rising third-year law student at the University of Denver Sturm College of Law.

Last week, the Seventh Circuit Court of Appeals upheld a preliminary injunction preventing an Indiana county from denying a marijuana advocacy organization’s request to demonstrate.  We first reported on this case last December.  As a refresher, the Higher Society of Indiana is a non-profit organization currently lobbying for “full legalization of Cannabis in Indiana.”   In 1999, the Tippecanoe County board declared the courthouse grounds a “closed forum,” and enacted the following policy for those seeking demonstration approval on the grounds:

Only displays and events sponsored and prepared by a department or office of county government will be allowed in the windows of the Tippecanoe County Office Building or on the grounds of the Tippecanoe County Courthouse. Said displays and events shall be scheduled through the Board of Commissioners of the County of Tippecanoe. Continue Reading Seventh Circuit Upholds Preliminary Injunction in “Higher Society” Case