BILLUPS v. CITY OF CHARLESTON, SOUTH CAROLINA

No. 19-1044.

961 F.3d 673 (2020)

Kimberly BILLUPS; Michael Nolan; Michael Warfield, Plaintiffs-Appellees, v. CITY OF CHARLESTON, SOUTH CAROLINA, Defendant-Appellant. Cato Institute; Morris M. Kleiner; Edward J. Timmons, Amici Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 11, 2020.


Attorney(s) appearing for the Case

ARGUED: Russell Grainger Hines , YOUNG CLEMENT RIVERS, LLP, Charleston, South Carolina, for Appellant. Arif Panju , INSTITUTE FOR JUSTICE, Austin, Texas, for Appellees. Eugene Volokh , UCLA SCHOOL OF LAW, Los Angeles, California, for Amicus Cato Institute. ON BRIEF: Stephen L. Brown , Brian L. Quisenberry , YOUNG CLEMENT RIVERS, LLP, Charleston, South Carolina, for Appellant. Robert McNamara , INSTITUTE FOR JUSTICE, Arlington, Virginia, for Appellees. Ilya Shapiro , CATO INSTITUTE, Washington, D.C., for Amicus Cato Institute. Louis Chaiten , Matthew M. Hilderbrand , JONES DAY, Cleveland, Ohio, for Amici Professors Morris M. Kleiner , and Edward J. Timmons.

Affirmed by published opinion. Judge King wrote the opinion, in which Judge Wilkinson and Judge Niemeyer joined.


Kimberly Billups, Michael Nolan, and Michael Warfield (collectively, "the Plaintiffs") are current or aspiring tour guides in Charleston, South Carolina, who have faced a common obstacle — Charleston's Tour Guide Licensing Ordinance (the "Ordinance"). Pursuant thereto, before leading a paid tour through Charleston's historic...

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