CONGREGATION LUBAVITCH v. CITY OF CINCINNATI

No. 92-4016.

997 F.2d 1160 (1993)

CONGREGATION LUBAVITCH; Rabbi Sholom B. Kalmanson, Plaintiffs-Appellees, v. CITY OF CINCINNATI, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 8, 1993.


Attorney(s) appearing for the Case

Norman L. Slutsky, Cincinnati, OH, Bradford M. Berry, Nathan Lewin, Niki Kuckes (argued and briefed), Miller, Cassidy, Larroca & Lewin, Washington, DC, for plaintiffs-appellees.

James F. McCarthy, III, Fay D. Dupuis (briefed), Richard Ganulin (argued and briefed), City Solicitor's Office, for the City of Cincinnati, Cincinnati, OH, for defendant-appellant.

Marc Stern (briefed), New York City, for The American Jewish Congress, amicus curiae.

Marc Stern, Lois C. Waldman, New York City, for The Jewish Community Relations Council of Cincinnati, The American Jewish Congress, amicus curiae.

Before: KEITH and SUHRHEINRICH, Circuit Judges; and LIVELY, Senior Circuit Judge.


LIVELY, Senior Circuit Judge.

This case involves constitutional challenges to a city's attempt to regulate by ordinance the time of day during which displays and structures may be exhibited in a public forum. The district court held the ordinance provision at issue here unconstitutional as applied to the plaintiffs, a group desiring to erect and maintain a religious symbol for 24 hours a day during an eight-day period of...

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