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MILLER v. CITY OF CINCINNATI

No. 08-4679.

622 F.3d 524 (2010)

Mark MILLER; Coalition Opposed to Additional Spending & Taxes; and WeDemandAVote.Com, Plaintiffs-Appellees, v. CITY OF CINCINNATI; Milton R. Dohoney; and Joel Koopman, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 24, 2010.

Attorney(s) appearing for the Case

ARGUED: Paula Boggs Muething , City of Cincinnati, Office of the Solicitor, Cincinnati, Ohio, for Appellants. Christopher P. Finney , Finney Stagnaro Saba & Patterson Co., LPA, Cincinnati, Ohio, for Appellees. ON BRIEF: Paula Boggs Muething , City of Cincinnati, Office of the Solicitor, Cincinnati, Ohio, for Appellants. Christopher P. Finney , Finney Stagnaro Saba & Patterson Co., LPA, Cincinnati, Ohio, Curt C. Hartman , The Law Firm of Curt C. Hartman, Amelia, Ohio, for Appellees. Dale D. Cook , Wiles, Boyle, Burkholder & Bringardner Co. L.P.A., Columbus, Ohio, for Amicus Curiae.

Before: DAUGHTREY, COLE, and GIBBONS, Circuit Judges.

OPINION

MARTHA CRAIG DAUGHTREY, Circuit Judge.

In this section 1983 action, the plaintiffs, two political advocacy groups and an individual member of one of the groups, claim that defendant City of Cincinnati's regulation governing access to the interior spaces of city hall violates the First and Fourteenth Amendments of the United States Constitution. After ruling in the plaintiffs' favor on a jurisdictional challenge...

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