JOHNSON v. CITY OF CINCINNATI

No. 00-4477.

310 F.3d 484 (2002)

Patricia JOHNSON; Michael Au France, Plaintiffs-Appellees, v. CITY OF CINCINNATI, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed September 26, 2002.

Rehearing and Suggestion for Rehearing Denied January 2, 2003.


Attorney(s) appearing for the Case

Bernard F. Wong (argued and briefed), Cincinnati, OH, Scott T. Greenwood (briefed), Greenwood & Associates, Cincinnati, OH, Raymond Vasvari (briefed), American Civil Liberties Union of Ohio Foundation, Cleveland, OH, for Plaintiffs-Appellees.

Richard Ganulin (argued and briefed), City Solicitor's Office, Cincinnati, OH, for Defendant-Appellant.

Before MARTIN, Chief Circuit Judge; GILMAN, Circuit Judge; EDMUNDS, District Judge.


Rehearing and Suggestion for Rehearing En Banc Denied January 2, 2003.*

BOYCE F. MARTIN, Jr., C.J., delivered the opinion of the court, in which EDMUNDS, D.J. joined. GILMAN, J. (pp. 506-519), delivered a separate dissenting opinion.

OPINION

BOYCE F. MARTIN, JR., Chief Circuit Judge.

The City of Cincinnati appeals the decision of the district court declaring the City's drug-exclusion ordinance, Cincinnati Municipal...

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