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DISCOVERY NETWORK, INC. v. CITY OF CINCINNATI

No. 90-3817.

946 F.2d 464 (1991)

DISCOVERY NETWORK, INC. and Harmon Publishing Co., Plaintiffs-Appellees, v. CITY OF CINCINNATI, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided October 11, 1991.

Attorney(s) appearing for the Case

Marc D. Mezibov (briefed), Martha K. Landesberg (argued), Sirkin, Pinales, Mezibov & Schwartz, Cincinnati, Ohio, for plaintiffs-appellees.

Richard H. Castellini, City Solicitor's Office for the City of Cincinnati, Mark S. Yurick (argued and briefed), Office of the City Sol., Cincinnati, Ohio, for defendant-appellant.

Before KRUPANSKY and BOGGS, Circuit Judges, and DUGGAN, District Judge.

BOGGS, Circuit Judge.

The case involves the constitutionality of Cincinnati's ordinance prohibiting the distribution of commercial handbills on public property. This ordinance effectively grants distributors of "newspapers," such as the Cincinnati Post, USA Today, and the Wall Street Journal, access to the public sidewalks through newsracks, while denying that same access to distributors of "commercial handbills." The district court rendered a judgment...

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