United States Sixth Circuit

In a suit brought by taxpayers against a city and its manager under 42 U.S.C. section 1983 claiming constitutional violations in defendants' advertising and advocacy against a citizen-sponsored ballot initiative and in favor of a tax levy, dismissal and summary judgment in favor of defendants is affirmed where plaintiffs failed to establish constitutional violations as to claims of: 1) differential access to public fora; and 2) compelled speech or compelled subsidy.

Appellate Information

• Decided 09/08/2006
• Published 09/08/2006

Judges

• Before:  MARTIN, GIBBONS, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Thomas W. Condit, Cincinnati, Ohio, for Appellants.   Lynnette P. Ballato, Subashi, Wildermuth & Ballato, Dayton, Ohio, for Appellees.   ON BRIEF:  Thomas W. Condit, Cincinnati, Ohio, for Appellants.   Lynnette P. Ballato, Tabitha D. Justice, Subashi, Wildermuth & Ballato, Dayton, Ohio, for Appellees.