BREWER v. CITY OF ALBUQUERQUE

No. 19-2140.

18 F.4th 1205 (2021)

Rhonda BREWER; David McCoy; Mary O'Grady; Marissa Elyse Sanchez, Plaintiffs-Appellees, and John Martin, Plaintiff v. CITY OF ALBUQUERQUE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED November 24, 2021.


Attorney(s) appearing for the Case

Jaime A. Santos , Goodwin Procter LLP, Washington, D.C. ( María Martínez Sánchez and Leon Howard , ACLU of New Mexico, Albuquerque, New Mexico; Kevin P. Martin , Gerard J. Cedrone , Martin C. Topol , Christopher J.C. Herbert , Goodwin Procter LLP, Boston, Massachusetts, with her on the briefs), for Plaintiffs-Appellees.

Timothy J. Atler , Atler Law Firm, P.C., Albuquerque, New Mexico ( Jazmine J. Johnston , Atler Law Firm, P.C., Albuquerque, New Mexico and Esteban A. Aguilar, Jr. , City Attorney, City of Albuquerque, Albuquerque, New Mexico, with him on the briefs), for Defendant-Appellant.

Before HOLMES, BACHARACH, and MORITZ, Circuit Judges.


When the government restricts the time, place, or manner of expressive activities in "traditional public for[a]," like streets and sidewalks, it must show that such restrictions are "narrowly tailored to serve ... substantial and content-neutral government interests." Ward v. Rock Against Racism, 491...

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