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WILLIS v. TOWN OF MARSHALL, N.C.

Nos. 03-2252, 04-1240.

426 F.3d 251 (2005)

Rebecca WILLIS, Plaintiff-Appellant, v. TOWN OF MARSHALL, NORTH CAROLINA, Defendant-Appellee. Rebecca Willis, Plaintiff-Appellant, v. Town of Marshall, North Carolina, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: October 7, 2005.

Attorney(s) appearing for the Case

ARGUED: Jonathan Drew Sasser, Ellis & Winters, L.L.P., Raleigh, North Carolina, for Appellant. Sandra Moody King, Russell & King, Asheville, North Carolina; Larry Bruce Leake, Leake & Scott, Asheville, North Carolina, for Appellee. ON BRIEF: Thomas H. Segars, Ellis & Winters, L.L.P., Cary, North Carolina; Marc C. Tucker, Smith Moore, L.L.P., Raleigh, North Carolina; Seth H. Jaffe, American Civil Liberties Union of North Carolina, Legal Foundation, Raleigh, North Carolina, for Appellant.

Before WILKINS, Chief Judge, and WILLIAMS and TRAXLER, Circuit Judges.

Affirmed in part, vacated in part, and remanded by published opinion. Judge TRAXLER wrote the opinion, in which Chief Judge WILKINS joined. Judge WILLIAMS wrote a separate opinion concurring in part and concurring in the judgment.

OPINION

TRAXLER, Circuit Judge:

The Town of Marshall, North Carolina, hosts regular Friday-night concerts and community gatherings at the Marshall Depot, the Town's community center. Rebecca Willis enjoyed attending the...

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