CHABAD OF S. OHIO & CONG. LUBAVITCH v. CITY, CIN.

No. 02-4340.

363 F.3d 427 (2004)

CHABAD OF SOUTHERN OHIO & CONGREGATION LUBAVITCH; Peter Ritchey, Plaintiffs-Appellees, v. CITY OF CINCINNATI, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 5, 2004.


Attorney(s) appearing for the Case

Marc D. Mezibov (argued and briefed), Jarrod M. Mohler (briefed), Sirkin, Pinales, Mezibov & Schwartz, Cincinnati, OH, for Appellees.

Scott T. Greenwood, Greenwood & Assocs., Cincinnati, OH, for Peter Ritchey.

Richard Ganulin (argued and briefed), Assistant City Solicitor, Cincinnati, OH, for Appellant.

Before BATCHELDER and COLE, Circuit Judges; HOOD, District Judge.


OPINION

HOOD, District Judge.

Plaintiffs-Appellees Chabad of Southern Ohio and Congregation Lubavitch (hereinafter, "Chabad") seek to erect a large menorah display on the main public square in Cincinnati, Ohio, and argue that a city ordinance prohibiting any non-government permit-based use of the square during the holiday season violates their First Amendment right to free speech. Upon the plaintiffs' motion, the district court below found that they had...

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