GARDNER v. MUTZ

No. 19-10461.

962 F.3d 1329 (2020)

Wade Steven GARDNER, Mary Joyce Stevens, Randy Whittaker, In Official Capacity at Southern War Cry, Veterans Monuments of America, Inc., Andy Strickland, US Army Ret, President, Phil Walters, In his Official Capacity as 1st Lt. Commander of the Judah P. Benjamin Camp # 2210 Sons of Confederate Veterans, Ken Daniel, In his Official Capacity as Director of Save Southern Heritage, Inc. Florida, Randy Whittaker, Individually, Plaintiffs-Appellants, v. William MUTZ, In his Official Capacity as Mayor of the City of Lakeland, Florida, Tony Delgado, In his Official Capacity as Administrator of the City of Lakeland, Florida, Don Selvege, In his Official Capacity as City of Lakeland, Florida Commissioner, Justin Troller, In his Official Capacity as City of Lakeland, Florida Commissioner, Phillip Walker, In his Official Capacity as City of Lakeland, Florida Commissioner, Florida Secretary of State, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 22, 2020.


Attorney(s) appearing for the Case

David Rhodes McCallister , Wesley Chapel, FL, David Rhodes McCallister , David R. McCallister, Attorney at Law, Dade City, FL, for Plaintiffs-Appellants.

Mark Nelson Miller , Kristie HatcherBolin , GrayRobinson, PA, Lakeland, FL, for Defendants-Appellees William Mutz, Tony Delgado, Don Selvege, Justin Troller, Phillip Walker, and Antonio Padilla.

Ashley E. Davis , Florida Department of State, Ashley E. Davis, Ashley Moody , Office of the Attorney General, Tallahassee, FL, for Defendant-Appellee.

Robert Michael Daisley , Law Office of Robert Michael Daisley, Tampa, FL, for Amicus Curiae Service.

Jack Buster Hinton, Jr. , Hinton & Associates, Montgomery, AL, for Amicus Curiae Foundation for Moral Law, Inc.

Before MARTIN, NEWSOM, and O'SCANNLAIN, Circuit Judges.


This appeal arises from a lawsuit filed by a group of individuals and organizations who object to the City of Lakeland's decision to relocate a Confederate monument from one city park to another. As relevant here, the plaintiffs contend that the relocation violates their rights under...

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