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KNIGHT RIDERS v. CITY OF CINCINNATI

Nos. 94-4055, 94-4056.

72 F.3d 43 (1995)

KNIGHT RIDERS OF THE KU KLUX KLAN, et al., Plaintiffs-Appellees, v. CITY OF CINCINNATI, Defendant-Appellant (94-4055), Homeless Hotline of Greater Cincinnati, Defendant-Intervenor (94-4055), Defendant-Intervenor-Appellant (94-4056).

United States Court of Appeals, Sixth Circuit.

Decided December 26, 1995.

Attorney(s) appearing for the Case

Scott T. Greenwood (argued and briefed), Greenwood & Hudson, Cincinnati, OH, for plaintiffs-appellees.

Richard Ganulin (argued and briefed), City Solicitor's Office for City of Cincinnati, Cincinnati, OH, for defendant-appellant.

Wilton E. Blake, II (briefed), Dinsmore & Shohl, Cincinnati, OH, for intervenor-appellant.

Before: LIVELY, KENNEDY, and RYAN, Circuit Judges.

KENNEDY, Circuit Judge.

Defendants appeal a judgment of the District Court finding a City of Cincinnati ordinance to be an impermissible content-based restriction on the exercise of First Amendment rights and enjoining the City from denying plaintiffs a permit to erect a cross on a public forum. For the following reasons we AFFIRM.

I.

On November 17, 1993, plaintiffs, Knight Riders of the Ku Klux Klan, applied to the City of Cincinnati ("City") for...

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