United States Sixth Circuit

Alleged facts support plaintiffs' claim that they were deprived of their First Amendment rights when threatened with arrest after they moved to the public sidewalk outside of the campaign-free zone at the YMCA; to that extent, their section 1983 claim should be permitted to move forward. (Amended opinion)

Appellate Information

• Decided 03/02/2004
• Published 03/24/2004

Judges

• Before: KENNEDY, GILMAN, and GIBBONS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Timothy M. Burke (argued and briefed), Rhonda S. Frey (briefed), Manley Burke, Cincinnati, OH, for Plaintiffs-Appellants.


• For Appellees:
  
• Edward J. Dowd (briefed), Boyd W. Gentry (argued), Surdyk, Dowd & Turner, Dayton, OH, Nicholas E. Subashi (briefed), Brian L. Wildermuth, (argued and briefed), Law Offices of Nicholas E. Subashi, Dayton, OH, Michael Fay Boller (briefed), Asst. Shelby County Prosecutor, Sidney, OH, for Defendants-Appellees.