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LAUDER, INC. v. CITY OF HOUSTON

No. 10-20802.

670 F.3d 664 (2012)

LAUDER, INC., doing business as Houston Tribune and Heights Tribune, Plaintiff-Appellant, v. CITY OF HOUSTON, TEXAS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

As Revised February 10, 2012.

Attorney(s) appearing for the Case

Anthony Paul Griffin , A. Griffin Lawyers , Galveston, TX, for Plaintiff-Appellant.

Judith Lee Ramsey , Sr. Atty., Mary H. Burke , Sr. Asst. City Atty., City of Houston, Legal Department, Houston, TX, for Defendant-Appellee.

Before DeMOSS, CLEMENT and ELROD, Circuit Judges.

PER CURIAM:

This appeal involves a First Amendment challenge to a newsrack ordinance enacted by the City of Houston in 2007. The ordinance requires newsracks on the City's rights-of-way to meet certain material, size, and placement standards and requires publishers using newsracks to pay a permit fee. Lauder, Inc., the plaintiff, publishes a free monthly newspaper funded almost entirely by advertisements and uses newsracks...

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