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BURK v. AUGUSTA-RICHMOND COUNTY

No. 03-11756.

365 F.3d 1247 (2004)

Martha BURK, Chair, National Council of Women's Organizations, National Council of Women's Organizations, et al., Plaintiffs-Appellants, v. AUGUSTA-RICHMOND COUNTY, Consolidated Government, Augusta-Richmond County Commission, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 15, 2004.

Attorney(s) appearing for the Case

Sarah M. Shalf, Jeffrey O. Bramlett, Jill A. Pryor, Bondurant, Mixson & Elmore, Gerald R. Weber, American Civil Liberties Union Foundation, Atlanta, GA, for Plaintiffs-Appellants.

James W. Ellison, James B. Wall, Burnside, Wall, Daniel, Ellison & Revell, Augusta, GA, for Defendants-Appellees.

Before ANDERSON, BARKETT and RONEY, Circuit Judges.

ANDERSON, Circuit Judge:

INTRODUCTION

Martha Burk, the National Council of Women's Organizations, and the Rainbow/PUSH Coalition (referred to collectively as "Burk") appeal from the district court's denial of their motion for preliminary injunction in a challenge to the constitutionality of Augusta-Richmond County's permitting requirement for public demonstrations in groups of five or more people. The appeal presents two questions: (1) the facial constitutionality...

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