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DOE v. CITY OF LAFAYETTE, INDIANA

No. 01-3624.

334 F.3d 606 (2003)

John DOE, Plaintiff-Appellant, v. CITY OF LAFAYETTE, Indiana, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 27, 2003.

Rehearing Granted and Opinion Vacated August 8, 2003.

Attorney(s) appearing for the Case

Kenneth J. Falk (argued), Indiana Civil Liberties Union, Indianapolis, IN, for Plaintiff-Appellant.

Jerome L. Withered (argued), Withered & Corrigan, Lafayette, IN, for Defendant-Appellee.

Before RIPPLE, DIANE P. WOOD, and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

John Doe was banned for life from all park property in the City of Lafayette, Indiana — including a golf course, sports stadium, and city pools. The City did not provide notice or a hearing before instituting the ban, nor did it allow Doe to appeal its decision. Doe filed suit against the City, arguing that the ban violates his First Amendment right to freedom of thought and a fundamental right under the Fourteenth Amendment to loiter...

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