United States Tenth Circuit

In an action brought seeking nominal damages under 42 U.S.C. section 1983 for an alleged violation of First Amendment rights when defendant-city prohibited plaintiffs from protesting in traditional public forums, a judgment for the city is affirmed where: 1) the city's security plan was content neutral; 2) its interest in security was significant; and 3) the plan was narrowly tailored to advance the significant security interest since a security zone, limited to the immediate vicinity of a hotel, directly and effectively protected a NATO conference from the threat of terrorism, explosives, and violent protests.

Appellate Information

• Decided 02/28/2007
• Published 03/01/2007

Judges

• KELLY, Circuit Judge., Before KELLY, EBEL, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Mark Silverstein, American Civil Liberties Union Foundation of Colorado, (and Edward T. Ramey, Isaacson, Rosenbaum, P.C., on the brief), Denver, CO, for Plaintiffs-Appellants.


• For Appellees:
  
• Thomas J. Marrese, Assistant City Attorney, (and Patricia K. Kelly, City Attorney/Chief Legal Officer, Office of the City Attorney, on the brief), Colorado Springs, CO, for Defendant-Appellee.