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SONS OF CONFEDERATE VETERANS v. CITY OF LEXINGTON

No. 12-1832.

722 F.3d 224 (2013)

SONS OF CONFEDERATE VETERANS, VIRGINIA DIVISION, Plaintiff-Appellant, v. CITY OF LEXINGTON, VIRGINIA; Marilyn E. Alexander; David Cox; Mimi Elrod; T. Jon Ellestad; Bob Lera; George R. Pryde; Charles Smith; Mary P. Harvey-Halseth, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 5, 2013.

Attorney(s) appearing for the Case

ARGUED: Thomas Eugene Strelka , Strickland, Diviney & Strelka, Roanoke, Virginia, for Appellant. Jeremy E. Carroll , Glenn, Feldmann, Darby & GOODLATTE, Roanoke, Virginia, for Appellees. ON BRIEF: Douglas R. McKusick , The Rutherford Institute, Charlottesville, Virginia, for Appellant. Paul G. Beers , Glenn, Feldmann, Darby & Goodlatte, Roanoke, Virginia, for Appellees.

Affirmed by published opinion. Judge KING wrote the opinion, in which Judge DIAZ and Judge FLOYD joined.

KING, Circuit Judge:

The Sons of Confederate Veterans, Virginia Division (the "SCV"), initiated this action against the City of Lexington, Virginia, plus several of its officials, alleging that Lexington City Code section 420-205(C) (the "Ordinance") contravenes the SCV's First Amendment rights and breaches a consent decree resolving an earlier lawsuit between the SCV and Lexington. Enacted in 2011, the Ordinance bans any private access to City-owned flag standards...

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