11 results for 'cat:"Municipal Law" AND cat:"First Amendment"'.
J. Pechman finds that a jury must determine whether the protesters' First Amendment rights were violated when they were arrested and booked in jail for writing political messages in sidewalk chalk and charcoal on the city's temporarily erected walls outside of the Seattle Police Department's East Precinct. "While this case does not implicate the city's ability to enforce its property destruction ordinance more generally, it touches on questions impacting the public civil discourse and free speech in Seattle."
Court: USDC Western District of Washington, Judge: Pechman, Filed On: May 10, 2024, Case #: 2:23cv17, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, municipal Law, first Amendment
J. Lampkin finds that the lower court properly dismissed an attorney's First Amendment challenge to a village ordinance requiring public comments of special village board meetings to be germane to agenda items. This relevancy restriction on council meetings is reasonable, even though it is content based, in light of the purpose of board meetings to effectively conduct business of specified matters and ensure citizens have the time to present their views. Affirmed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: April 24, 2024, Case #: 230139, Categories: municipal Law, first Amendment
J. Kleeh dismisses a former Westover City Council member’s allegations of First Fourth Amendment Retaliation, violation of his 14th Amendment rights, as well as the slander and emotional distress claims he brought against the mayor, city police and other officials who allegedly conspired against him for blowing the whistle on corruption and police misconduct. His claim under the West Virginia Whistle-Blower Law survives the motion, however.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: March 26, 2024, Case #: 1:22cv98, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, municipal Law, first Amendment
J. Reidinger grants an abortion protestor his motion for summary judgment after he alleged a local municipality and police officer had infringed upon his First Amendment rights. The municipality had recently amended its noise ordinances, specifically outside of a health care facility that provides abortions following increased noise complaints as evidenced by an eight-year study. However, the amendment was found to have compromised the protestor’s right to free speech.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: March 25, 2024, Case #: 1:22cv222, NOS: Other Civil Rights - Civil Rights, Categories: Health Care, municipal Law, first Amendment
J. Scudder finds that the lower court properly found for the city in a dispute over the school's installation and use of nighttime lights at its athletics field. The school failed to show that other master plan institutions received permission to install lighting and it is "a bridge to far" to say that the school's inability to host nighttime athletic competitions poses a substantial burden on its Catholic mission. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: March 15, 2024, Case #: 23-1175, Categories: municipal Law, first Amendment
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J. Simon denies in part the city councilor's motion for summary judgment in his lawsuit alleging that his civil rights were violated when the Columbia 911 Communications District banned him from attending meetings in person after he criticized some of the decisions made by the district's board of directors. There is a factual dispute as to whether the councilor's presence at the meetings was causing harm, and the parties dispute the reason for his ban, so the councilor's First Amendment claim should head to trial. However, the councilor is correct that the board violated the Oregon Revised Statutes when it held public meetings in a virtual-only format on four occasions.
Court: USDC Oregon, Judge: Simon, Filed On: March 12, 2024, Case #: 3:23cv293, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, municipal Law, first Amendment
J. Graber issues an amended order for the 9th Circuit's opinion filed on March 8, 2023 denying a petition for rehearing and ordering that no future petitions will be entertained concerning an organization's motion for a preliminary injunction seeking to enjoin enforcement of a San Francisco ordinance that imposes a "secondary-contributor disclaimer requirement" for certain types of political advertisements. The City and County of San Francisco added a secondary-contributor disclaimer requirement to list the major donors in those political advertisements. The organization did not show a likelihood of success on the merits of their First Amendment claim.
Court: 9th Circuit, Judge: Graber, Filed On: October 26, 2023, Case #: 22-15824, Categories: Elections, municipal Law, first Amendment
J. Immergut finds in favor of the city against the medical marijuana dispensary owner's complaint alleging that the city and members of the city's Planning Commission wrongfully denied her conditional use permit to open the dispensary, as they claimed that it would violate an ordinance that doesn't allow such a business "within 1,000 feet of [a] public or private elementary, secondary or career school." The medical marijuana dispensary owner does not present a genuine issue of fact over whether her attempt to seek a license qualifies as engaging in expressive conduct, which would be protected under the First Amendment.
Court: USDC Oregon, Judge: Immergut, Filed On: September 22, 2023, Case #: 6:19cv1540, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, municipal Law, first Amendment
J. Traynor grants the Attorney General of North Dakota's motion for summary judgment in a matter in which a disgruntled man, who was frustrated he was not permitted to make every single point he wanted to the Valley City Commission, alleged the City violated his First Amendment rights to speak at City Commission meetings. The undisputed facts show the City and its employees acted "reasonably and gracefully" in the face of the man's repeated rudeness and unjustified requests of the City Commission.
Court: USDC North Dakota , Judge: Traynor, Filed On: September 15, 2023, Case #: 1:20cv231, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, municipal Law, first Amendment
Per curiam, the circuit finds that the district court properly dismissed free speech claims concerning a local law that establishes "bubble zones" that prevent women seeking abortions from being disturbed as they approach or exit facilities in Westchester County. Precedent holds that such laws are constitutional because they are content neutral and serve safety interests by shielding people from unwanted communication. However, the court improperly held that plaintiff, a 64-year-old Catholic, lacked standing to sue because she demonstrated she faced a credible threat of prosecution if she were to become a "sidewalk counselor" who engages women outside clinics. Affirmed in part.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 21, 2023, Case #: 23-30, Categories: Health Care, municipal Law, first Amendment