Cutting v. City of Portland

BARRON, Circuit Judge.

This case requires us to decide whether an ordinance in the City of Portland, Maine that prohibits standing, sitting, staying, driving, or parking on median strips violates the constitutional guarantee of “the freedom of speech.” U.S. Const. Amend. I. 1 We conclude that the ordinance does, because it indiscriminately bans virtually all expressive activity in all of the City’s median strips and thus is not narrowly tailored to serve the City’s interest in protecting public safety. Accordingly, we affirm the District Court’s permanent injunction barring the ordinance’s…