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BIBLE BELIEVERS v. WAYNE COUNTY

No. 13-1635.

765 F.3d 578 (2014)

BIBLE BELIEVERS; Ruben Chavez, aka Ruben Israel; Arthur Fisher; Joshua DeLosSantos, Plaintiffs-Appellants, v. WAYNE COUNTY; Benny N. Napoleon, in his official capacity as Sheriff, Wayne County Sheriff's Office; Dennis Richardson, individually and in his official capacity as Deputy Chief, Wayne County Sheriff's Office; Mike Jaafar, individually and in his official capacity as Deputy Chief, Wayne County Sheriff's Office, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 27, 2014.

Attorney(s) appearing for the Case

ARGUED: Robert Joseph Muise , American Freedom Law Center, Ann Arbor, Michigan, for Appellants. Nabih H. Ayad , Nabih H. Ayad & Associates, P.C., Canton, Michigan, for Appellees. ON BRIEF: Robert Joseph Muise , American Freedom Law Center, Ann Arbor, Michigan, David Yerushalmi , American Freedom Law Center, Washington, D.C., for Appellants. Nabih H. Ayad , Nabih H. Ayad & Associates, P.C., Canton, Michigan, for Appellees.

DONALD, J., delivered the opinion of the court, in which MAYS, D.J., joined. CLAY, J. (pp. 592-600), delivered a separate dissenting opinion.

OPINION

BERNICE BOUIE DONALD, Circuit Judge.

This appeal requires us to "grapple[ ] with claims of the right to disseminate ideas in public places as against claims of an effective power in government to keep the peace[.]" Niemotko v. Maryland, 340 U.S. 268, 273-74, 71 S.Ct. 328, 95 L.Ed. 280 (1951) (Frankfurter, J., concurring). Plaintiffs-Appellants Bible Believers, Ruben Chavez, Arthur Fisher, and Joshua DeLosSantos...

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