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OHIO CITIZEN ACTION v. CITY OF ENGLEWOOD

Nos. 10-3265, 10-3293.

671 F.3d 564 (2012)

OHIO CITIZEN ACTION, Plaintiff-Appellant/Cross-Appellee, v. CITY OF ENGLEWOOD, an Ohio Municipal Corporation, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 2, 2012.

Attorney(s) appearing for the Case

ARGUED: Daniel T. Kobil , Capital University Law School, Columbus, Ohio, for Appellant. Lynnette Dinkler , Dinkler Pregon LLC, Dayton, Ohio, for Appellee. ON BRIEF: Daniel T. Kobil , Capital University Law School, Columbus, Ohio, Stephen R. Felson , Robert B. Newman , Cincinnati, Ohio, Edward A. Icove , Icove Legal Group, Ltd., Cleveland, Ohio, Ellis Jacobs , Advocates for Basic Legal Equality, Dayton, Ohio, for Appellant. Lynnette Dinkler , Jamey T. Pregon , Dinkler Pregon LLC, Dayton, Ohio, for Appellee. Carrie L. Davis , American Civil Liberties Union of Ohio Foundation, Inc., Cleveland, Ohio, Paul D. Polidoro , Patterson, New York, Stephen L. Byron , Willoughby, Ohio, for Amici Curiae.

Before: WHITE and STRANCH, Circuit Judges; COHN, Senior District Judge.

OPINION

HELENE N. WHITE, Circuit Judge.

The municipality of Englewood, Ohio, passed an ordinance banning all door-to-door canvassing and soliciting between 6 P.M. and 9 A.M. Ohio Citizen Action challenged this curfew and other provisions of the ordinance on First Amendment grounds. The district court upheld the curfew, but found other portions of the ordinance unconstitutional. We AFFIRM in part and REVERSE in part...

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