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KLEINMAN v. CITY OF SAN MARCOS

No. 08-50960.

597 F.3d 323 (2010)

Michael KLEINMAN; Scott Wade; John Furly Travis, Plaintiffs-Appellants, v. CITY OF SAN MARCOS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 10, 2010.

Attorney(s) appearing for the Case

Peter Drew Kennedy (argued) and Andrew Loren Harris, Graves Dougherty Hearon & Moody, P.C., Austin, TX, for Plaintiffs-Appellants.

Lowell Frank Denton (argued) and Ryan Scott Henry, Denton, Navarro, Rocha & Bernal, P.C., San Antonio, TX, Andrew Lewton Quittner, City of San Marcos, San Marcos, TX, for Defendant-Appellee.

Before JONES, Chief Judge, and PRADO and HAYNES, Circuit Judges.

EDITH H. JONES, Chief Judge:

This appeal concerns whether a junked-vehicle ordinance designed to eliminate eyesores and promote public order, SAN MARCOS, TEX., CODE OF ORDINANCES § 34.196(a), can be applied to a wrecked Oldsmobile 88 that has been put to use as a cactus planter, colorfully painted, and adorned with the words "make love not war." Appellants contend that the car is an expressive artwork and that interference with this display violates their rights...

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