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SABELKO v. CITY OF PHOENIX

No. 94-15495.

120 F.3d 161 (1997)

Katherine SABELKO and Nancy Barto, Plaintiffs-Appellees, v. The CITY OF PHOENIX; Paul Johnson; Thelda Williams; Frances Emma Barwood; Skip Rimsza; Craig Tribken; John Nelson; Kathy Dubs; Salomon F. Leija; Calvin C. Goode, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

As Amended August 1, 1997.

Attorney(s) appearing for the Case

Marvin A. Sondag, Assistant City Attorney, Roderick G. McDougall, City Attorney, Paul W. Badalucco, Assistant City Attorney, Phoenix, AZ, for defendants-appellants.

Benjamin W. Bull, The American Center for Law and Justice, Phoenix, AZ, for plaintiffs-appellees.

James Weinstein, Arizona State University, Tempe, AZ, for amicus Arizona Civil Liberties Union.

Roger K. Evans, Planned Parenthood Federation of America, New York City, and Lawrence J. Rosenfeld, Helen R. Holden and James W. Armstrong, Sacks Tierney, Phoenix, AZ, for amicus curiae Planned Parenthood of Central and Northern Arizona, Inc.

Joan R. Gallo, George Rios, Assistant City Attorneys, San Jose, CA, amici curiae in support of the defendants-appellants.

Before: SCHROEDER, BEEZER and THOMPSON, Circuit Judges.

ORDER

The opinion filed on October 19, 1995 is hereby withdrawn.

OPINION

BEEZER, Circuit Judge.

We reconsider whether a City of Phoenix ordinance which imposes a "floating buffer zone" restriction upon demonstrators outside of health care facilities violates the First Amendment. We affirm the district court's decision declaring the Phoenix ordinance unconstitutional and enjoining its enforcement.

I

In 1993, the City of...

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