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United States Sixth Circuit


Pagan v. Fruchey, 04-4414

Summary judgment for defendants, a village and its police chief, on claims arising out of a village ordinance proscribing a resident's ability to display a for-sale sign on a vehicle parked on a public street is affirmed over his First Amendment challenge to the ordinance where the ordinance directly advanced asserted governmental interests in traffic safety and aesthetics, and was not more extensive than necessary to serve those interests.

Appellate Information

  • Decided 05/19/2006
  • Published 05/19/2006

Judges

  • Before:  BOGGS, Chief Judge;  MARTIN, SILER, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, COOK, McKEAGUE, and GRIFFIN, Circuit Judges.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Jeff Rowes, Institute for Justice, Arlington, Virginia, for Appellant.  John W. Hust, Schroeder, Maundrell, Barbiere & Powers, Cincinnati, Ohio, for Appellees.   ON BRIEF:  Jeff Rowes, Institute for Justice, Arlington, Virginia, William H. Mellor, Institute for Justice, Washington, D.C., for Appellant.  John W. Hust, Lawrence Edward Barbiere, Schroeder, Maundrell, Barbiere & Powers, Cincinnati, Ohio, for Appellees.
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