BARILLA v. CITY OF HOUSTON, TEXAS

No. 20-20535.

13 F.4th 427 (2021)

Anthony BARILLA, Plaintiff-Appellant, v. CITY OF HOUSTON, TEXAS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED September 10, 2021.


Attorney(s) appearing for the Case

Glenn Evans Roper , Pacific Legal Foundation, Highlands Ranch, CO, Anastasia P. Boden , Pacific Legal Foundation, Sacramento, CA, for Plaintiff-Appellant.

Robert William Higgason , City of Houston, Legal Department, Houston, TX, for Defendant-Appellee.

Before Owen, Chief Judge, and Clement and Higginson, Circuit Judges.


Plaintiff-Appellant Anthony Barilla is a professional musician and accordionist who wants to "busk" (i.e., perform music while soliciting tips) on Houston's public streets. He sued the City of Houston to challenge three City ordinances which restrict busking in Houston. Barilla alleges that the ordinances violate...

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