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OLMER v. CITY OF LINCOLN

No. 98-4112NE.

192 F.3d 1176 (1999)

Marilyn OLMER, an Individual; John Kelly, an Individual; Theresa Lane, an Individual; and Michelle Mann, an Individual, Appellees, v. CITY OF LINCOLN, a Municipality; William Austin, in his official capacity as Lincoln City Attorney; and Thomas Casady, in his official capacity as Chief of the Lincoln Police Department, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided October 14, 1999.

Rehearing and Rehearing Denied December 9, 1999.

Attorney(s) appearing for the Case

V. Gene Summerlin, Lincoln, NE, argued (Krista L. Kester, Jefferson Downing and Gary L. Young, on the brief), for Appellees.

Mark S. Shelton, Washington, DC, argued (David P. Donovan, Washington, DC, Daniel E. Klaus, Peter C. Wegman and Jane F. Langan, Lincoln, NE, on the brief), for Appellants.

Before RICHARD S. ARNOLD, BRIGHT, and ROSS, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 9, 1999.

RICHARD S. ARNOLD, Circuit Judge.

This is an appeal from a preliminary injunction enjoining the enforcement of an ordinance of the City of Lincoln, Nebraska. The ordinance seeks to restrict to certain areas the "focused picketing" of churches and other religious premises thirty minutes before, during, and thirty minutes after any scheduled religious activity. The District Court1

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