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ASQUITH v. CITY OF BEAUFORT

Civ. A. Nos. 3-92-1531-0, 3-92-1656-0, 3-93-1145-0.

911 F.Supp. 974 (1995)

John M. ASQUITH, Ricky L. Knowles, Billy D. Randall, Wayne H. Williamson, J. Blake Lindsey, Jeff Attlessey, John Doe, Mary Roe, and others similarly situated, Plaintiffs, v. CITY OF BEAUFORT; Colonel Jesse Altman, Jr., Chief of Police; Captain Jefferson Dowling, Sgt. Michael Lee, John Doe, and other unnamed police officers; David Taub, Mayor; Dr. Charles A. Bush, Edie Rogers, Donnie Beer, and Fred Washington, Jr., Members of the City Council; Dean Hunter, City Manager; all in their official capacities; and Colonel Jesse Altman, Jr., William Rhett, Nancy Rhett, Roger Karr, and Neil B. Lipsitz, in their individual capacities, Defendants. CALVARY BAPTIST CHURCH, on behalf of its members, and George Daughtey and Richard Simpson, Plaintiffs, v. CITY OF BEAUFORT; David Taub, Mayor, Dr. Charles A. "Tony" Bush, Edie Rogers, Donnie Beer, and Fred Washington, Jr., Members of the City Council; Dean Hunter, City Manager; and Colonel Jesse Altman, Jr., Chief of Police, all in their official capacities, Defendants. William Bradley LINDSEY, through his Guardian ad Litem Jeffrey Blake Lindsey, Plaintiff, v. CITY OF BEAUFORT; William R. Neill, Chief of Police; Captain Jefferson Dowling, Officer Brad Payne, and other unnamed police officers; David Taub, Mayor, Dr. Charles A. Bush, Edie Rogers, Donnie Beer, and Fred S. Washington, Jr., Members of the City Council; Dean Hunter, City Manager; all in their official capacities; Defendants.

United States District Court, D. South Carolina, Columbia Division.

September 2, 1995.

Attorney(s) appearing for the Case

Orin Gail Briggs, Bruce W. Green, American Family Ass. Law Center, Tupelo, MS, Patrick J. Flynn, USC School of Law, Law Center, Columbia, SC, for plaintiffs.

William B. Harvey, III, Beaufort, SC, Samuel Richard Clawson, Charleston, SC, James Warner Alford, Columbia, SC, for defendants.

PERRY, District Judge.

These cases are before the Court pursuant to motions by the plaintiffs for an order preliminarily enjoining the enforcement of a Beaufort, South Carolina ordinance which prohibits persons from "willfully disturbing any neighborhood or business in the city by making or continuing loud and unseemly noises or by profanely cursing and swearing or using obscene language...." The individual plaintiffs are ministers who engage in the practice known...

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