PHELPS-ROPER v. CITY OF MANCHESTER, MO.

No. 10-3197.

658 F.3d 813 (2011)

Shirley L. PHELPS-ROPER; Megan Phelps-Roper, Plaintiffs-Appellees, v. CITY OF MANCHESTER, MISSOURI, Defendant-Appellant. United States of America, Amicus on Behalf of Appellant, Christina Wells; Thomas Jefferson Center for the Protection of Free Expression, Amici on Behalf of Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: October 5, 2011.


Attorney(s) appearing for the Case

Evan Reid , argued, Lewis & Rice, Patrick R. Gunn , Gunn & Gunn, Neal Frederick Perryman , on the brief, St. Louis, MO, for appellant.

Sarang Vijay Damle , argued, US DOJ Civil Division, Washington D.C., for the amicus brief of the United States in support of appellant.

Anthony E. Rothert , Grant R. Doty , American Civil Liberties Union, St. Louis, MO, for appellees.

Michael Gross , St. Louis, MO, on the amicus brief of Professor Christina Wells in support of appellee.

Bruce David Brown , Washington, D.C., John Joshua Wheeler , Charlottesville, VA, on the amicus brief of Thomas Jefferson Center for the Protection of Free Expression in support of appellee.

Before MURPHY and SMITH, Circuit Judges, and READE, District Judge.


PER CURIAM.

Shirley and Megan Phelps-Roper brought this First Amendment challenge to a Manchester, Missouri ordinance that regulates protests near funerals. On cross motions for summary judgment, the district court2 considered the ordinance as originally adopted and as twice amended. It ruled in favor of the Phelps-Ropers, awarding them nominal damages and enjoining enforcement of the ordinance. The City of Manchester appeals, arguing...

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