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CONCERNED WOMEN FOR AMERICA INC. v. LAFAYETTE COUNTY

No. 88-4743.

883 F.2d 32 (1989)

CONCERNED WOMEN FOR AMERICA, INC. and Jolene Cox, Plaintiffs-Appellees, v. LAFAYETTE COUNTY and Oxford Public Library, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 14, 1989.

Attorney(s) appearing for the Case

Hal Scot Spragins, S.T. Rayburn, David L. Calder, Sumners, Hickman & Rayburn, Oxford, Miss., for defendant-appellant.

Jordan Lorence, Cimron Campbell, Mark N. Troobnick, Concerned Women for America Educ. and Legal Defense Foundation, Washington, D.C., Wendell R. Bird, David J. Myers, Law Offices of Wendell Bird, Atlanta, Ga., for plaintiffs-appellees.

Sarah Barringer Gordon, Fine, Kaplan and Black, Philadelphia, Pa., for amicus curiae-ACLU of Mississippi.

Before JOLLY, HIGGINBOTHAM and SMITH, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

In this first amendment civil rights action, Concerned Women for America ("CWA") and Jolene Cox, its Mississippi representative, sought declaratory and injunctive relief against the Lafayette County and Oxford Public Library because of its refusal to allow a CWA Prayer Chapter the use of its auditorium. On appeal, we are asked to consider whether the district court erred in concluding that the library had created a public forum, rather...

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