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KAGAN v. CITY OF NEW ORLEANS, LA.

No. 13-30801.

753 F.3d 560 (2014)

Candance KAGAN; Mary Lacoste; Joycelyn M. Cole, erroneously named as Jocelyn M. Cole; Annette Watt, Plaintiffs-Appellants v. CITY OF NEW ORLEANS, LOUISIANA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 2, 2014.

Attorney(s) appearing for the Case

Matthew R. Miller (argued), Institute for Justice Texas Chapter, Austin, TX, Mark Emerson Hanna, Esq. , Special Counsel, Mouledoux, Bland, Legrand & Brackett, L.L.C., New Orleans, LA, Paul M. Sherman , Institute for Justice, Arlington, VA, for Plaintiffs-Appellants.

Sharonda R. Williams, Esq. , Adam Swensek (argued), City Attorney's Office, New Orleans, LA, Ilya Shapiro, Esq. , Cato Institute, Washington, DC, Luke Wake , Sacramento, CA, for Defendant-Appellee.

Before REAVLEY, JONES, and GRAVES, Circuit Judges.

REAVLEY, Circuit Judge:

The City of New Orleans requires those who conduct tours for hire in the City to have a tour guide license. Four tour guides object to the license requirement on the ground that it violates their First Amendment rights and seek a declaratory judgment and injunction for relief. The district court granted summary judgment for the City, and we affirm.

The New Orleans Code requires the license for a person to charge for tours to the City...

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