HILL v. CITY OF HOUSTON, TEX.

No. 84-2181.

789 F.2d 1103 (1986)

Raymond Wayne HILL, Plaintiff-Appellant, v. The CITY OF HOUSTON, TEXAS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 14, 1986.


Attorney(s) appearing for the Case

Michael A. Maness, Houston, Tex., for plaintiff-appellant.

Bruce V. Griffiths, Houston, Tex., James C. Harrington, Austin, Tex., for Greater Houston, etc. et al.

Mark Elvig, Asst. City Atty., Roy F. Martin, III, Senior Asst. City Atty., Houston, Tex., for defendant-appellee.

Before CLARK, Chief Judge, THORNBERRY, GEE, RUBIN, REAVLEY, POLITZ, RANDALL, JOHNSON, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, HILL, and JONES, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

A Houston, Texas ordinance makes it a misdemeanor not only to assault but also to "in any manner oppose, molest, abuse or interrupt" a police officer in the execution of his duty. An individual who has been arrested several times for violating the ordinance, and who has never been found guilty, challenges its constitutionality as violating his right to freedom of speech. We hold that the plaintiff has standing to challenge the constitutionality...

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