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INTERNATIONAL WOMEN'S DAY v. CITY OF SAN ANTONIO

No. 09-50692.

619 F.3d 346 (2010)

INTERNATIONAL WOMEN'S DAY MARCH PLANNING COMMITTEE, an unincorporated association; San Antonio Free Speech Coalition, an unincorporated association, Plaintiffs-Appellants, v. CITY OF SAN ANTONIO, Phil Hardberger, in his Official Capacity as Mayor of the City of San Antonio; Sheryl L. Sculley, in her Official Capacity as City Manager of the City of San Antonio; William P. McManus, in his Official Capacity as Chief of Police of the City of San Antonio; The Ten Individual Council Members, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 8, 2010.

Attorney(s) appearing for the Case

Amy Hilsman Kastely (argued), St. Mary's University School of Law, San Antonio, TX, for Plaintiffs-Appellants.

Deborah Lynne Klein (argued), San Antonio, TX, for Defendants-Appellees.

Lisa S. Graybill , Austin, TX, for Amicus Curiae, ACLU Found. of Texas.

Before BENAVIDES, STEWART and SOUTHWICK, Circuit Judges.

BENAVIDES, Circuit Judge:

The City of San Antonio imposes fees on the organizers of marches on its streets, as a means of ensuring that march organizers pay for the expense of providing traffic control and cleanup for these events. See San Antonio, Tex., Code ch. 19, art. XVII, § 19-636(b) (2010). The plaintiffs in this case, the International Women's Day March Planning Committee ("Committee") and the San Antonio Free Speech Coalition ("Coalition"), assert...

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