United States Fifth Circuit

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Service Employees' Int'l. Union v. Houston, 08-20616

In an action by a union claiming that city ordinances, pursuant to which the city denied the union a permit to conduct a rally in support of a strike, violated the First Amendment, partial summary judgment for defendants is affirmed in part where: 1) the city's noise ordinance made reasonable distinctions among categories in the level of disruption caused by noise that required a permit and noises that came from exempted sources; and 2) the enforcement of Houston's parade ordinance did not turn on whether paraders were protesting as opposed to celebrating. However, the order is reversed in part where: 1) the city's limit of two permits per location per thirty-day period was not narrowly tailored and was thus unconstitutional; and 2) the Houston Parks Department failed to specify which areas of the City's parks required permits, and this rendered the ordinance at issue void for vagueness.

Appellate Information

  • Decided 01/29/2010
  • Published 01/29/2010


  • LESLIE H. SOUTHWICK, Circuit Judge:, Before REAVLEY, WIENER, and SOUTHWICK, Circuit Judges.


  • United States Fifth Circuit