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MCCRAW v. CITY OF OKLAHOMA CITY

No. 19-6008.

973 F.3d 1057 (2020)

Calvin MCCRAW; G. Wayne Marshall; Mark Faulk; Trista Wilson; Neal Schindler; Oklahoma Libertarian Party; Red Dirt Report, Plaintiffs-Appellants, v. CITY OF OKLAHOMA CITY, an Oklahoma municipal corporation; William Citty, in his official capacity as Chief of the Oklahoma City Police Department, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED August 31, 2020.

Attorney(s) appearing for the Case

Joseph Thai , Oklahoma City, Oklahoma ( Erwin Chemerinsky , Berkeley, California; Ryan Kiesel , Brady Henderson , Megan Lambert , ACLU of Oklahoma Foundation, Oklahoma City, Oklahoma; Greg Beben , Legal Aid Services of Oklahoma, Inc., Oklahoma City, Oklahoma; and Micheal Salem , Salem Law Offices, Norman, Oklahoma, with him on the briefs).

Amanda Carpenter , Oklahoma City, Oklahoma ( Kenneth Jordan , Municipal Counselor; Catherine Campbell , Phillips Murrah P.C., Oklahoma City, Oklahoma, with her on the briefs).

Before LUCERO, EBEL, and HARTZ, Circuit Judges.

This case concerns the First Amendment rights of citizens in the public square—specifically on medians in public roads. Oklahoma City Ordinance 25,777 prohibits standing, sitting, or remaining for most purposes on certain medians. Okla. City, Okla., Code ch. 32, art. XIII, § 32-458. Plaintiffs are Oklahoma City...

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