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EVANS v. SANDY CITY

No. 17-4179.

928 F.3d 1171 (2019)

Steve Ray EVANS, Plaintiff-Appellant, v. SANDY CITY, a municipal corporation; Tim Dolan, Mayor of Sandy City; Kevin Thacker, Sandy City Police Chief; Robert Wall, Sandy City Attorney; Douglas Johnson, Sandy City Prosecutor; R. Mackay Hanks, Sandy City Prosecutor; Scott Cowdell, Sandy City Council Member; Maren Barker, Sandy City Council Member; Kristin Coleman-Nicholl, Sandy City Council Member; Chris McCandless, Sandy City Council Member; Steve Fairbanks, Sandy City Council Member; Linda Martinez Saville, Sandy City Council Member; Stephen P. Smith, Sandy City Council Member; C. Tyson, Sandy City Police Department; C. Pingree, Sandy City Police Department; J.E. Burns, Sandy City Police Department; John Doe I-XX, Sandy City Police Department, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 5, 2019.

Attorney(s) appearing for the Case

Angela H. Elmore , Utah Legal Clinic Foundation, ( John Robinson, Jr. , The Law Office of John Robinson, Jr., with her on the brief), Salt Lake City, Utah, for Plaintiff-Appellant.

Troy L. Booher , Zimmerman Booher , ( Freyja R. Johnson , Zimmerman Booher , Michael D. Black , Parr Brown Gee & Loveless; David C. Reymann , Parr Brown Gee & Loveless, with him on the brief), Salt Lake City, Utah, for Defendants-Appellees.

Before BRISCOE, BALDOCK, and EID, Circuit Judges.

In 2016, the Sandy City, Utah city council adopted an ordinance making it illegal for any person "to sit or stand, in or on any unpaved median, or any median of less than 36 inches for any period of time." Sandy City Traffic Code, Article 16, Section 299.1 (the Ordinance). After the Sandy City council adopted the Ordinance...

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