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BAYS v. CITY OF FAIRBORN

No. 10-4059.

668 F.3d 814 (2012)

Tracy BAYS; Kerrigan Skelly, Plaintiffs-Appellants, v. CITY OF FAIRBORN; Peter Bales, individually and in his official capacity as Parks and Recreation Superintendent for the City of Fairborn; Rodney Myers, individually and in his official capacity as Police Officer for the City of Fairborn; Mark Stannard, individually and in his official capacity as Police Officer for the City of Fairborn, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 13, 2012.

Attorney(s) appearing for the Case

ARGUED: Nathan W. Kellum , Alliance Defense Fund, Memphis, Tennessee, for Appellants. Joshua R. Schierloh , Surdyk, Dowd & Turner Co., L.P.A., Miamisburg, Ohio, for Appellees. ON BRIEF: Nathan W. Kellum , Jonathan A. Scruggs , Alliance Defense Fund, Memphis, Tennessee, for Appellants. Joshua R. Schierloh , Jeffrey C. Turner , Dawn M. Frick , Surdyk, Dowd & Turner Co., L.P.A., Miamisburg, Ohio, for Appellees.

Before: SILER and KETHLEDGE, Circuit Judges; ADAMS, District Judge.

OPINION

SILER, Circuit Judge.

Plaintiffs Tracy Bays and Kerrigan Skelly brought this action against the City of Fairborn and various Fairborn officials (collectively "Fairborn"), claiming that the solicitation policy in effect at the Fairborn Sweet Corn Festival ("Festival") violates the free speech clause of the First Amendment. The plaintiffs' request for a preliminary injunction was denied by the district court, which found that the plaintiffs were not...

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