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COSTELLO v. CITY OF BURLINGTON

Docket No. 08-0551-cv.

632 F.3d 41 (2011)

William Ray COSTELLO, Plaintiff-Appellant, v. CITY OF BURLINGTON, Burlington Police Department, Gene Burgman, Tom Trembly, Bill Ward, John Lewis, and Ene Evaluator, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: February 14, 2011.

Attorney(s) appearing for the Case

William Ray Costello , Milton, VT, pro se.

Pietro J. Lynn , Lynn, Lynn & Blackman, P.C., Burlington, VT, for Appellees.

Judge POOLER concurs in the judgment and in Part III in a concurring opinion.

DENNIS JACOBS, Chief Judge:

Plaintiff William Ray Costello, pro se, alleged that his First Amendment right to free speech was violated when Defendant Sgt. John Lewis of the Burlington Police Department issued Costello a written warning pursuant to a city noise control ordinance that prohibits "any person to make or cause to be made any loud or unreasonable noise." Burlington, VT, Code of Ordinances § 21-13(b)(1) (2003). Costello was preaching at the top...

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