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MOORE v. CITY OF ASHEVILLE, N.C.

No. 04-1003.

396 F.3d 385 (2005)

Carroll MOORE, Plaintiff-Appellant, v. CITY OF ASHEVILLE, NORTH CAROLINA; James L. Westbrook, Jr., in his official capacity as the City Manager of Asheville, North Carolina; Asheville Police Department, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: January 25, 2005.

Attorney(s) appearing for the Case

ARGUED: Mathew D. Staver, Liberty Counsel, Longwood, Florida, for Appellant. Sharon Tracey Barrett, Patla, Straus, Robinson & Moore, P.A., Asheville, North Carolina, for Appellees. ON BRIEF: Michael Schmidt, Patrick Henry Justice Center, Laurinburg, North Carolina; Erik W. Stanley, Rena M. Lindevaldsen, Anita L. Staver, Joel L. Oster, Liberty Counsel, Longwood, Florida, for Appellant. Curtis W. Euler, City Attorney's Office, Asheville, North Carolina, for Appellees.

Before NIEMEYER, LUTTIG, and KING, Circuit Judges.

Affirmed and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge LUTTIG and Judge KING joined.

OPINION

NIEMEYER, Circuit Judge.

Carroll Moore, a carpenter from Tuckasegee, North Carolina, regularly engages in street preaching in Asheville, North Carolina, and elsewhere. In March and again in April 2003, Moore was cited for violations of Asheville's noise ordinance, Asheville, N.C.Code of Ordinances § 10-84, when his...

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