Moore v. CITY OF ASHEVILLE, NC

MEMORANDUM OF OPINION

THORNBURG, District Judge.

THIS MATTER is before the Court on the Plaintiffs motions for declaratory judgment, preliminary injunctive relief, and waiver of posting security to obtain a preliminary injunction, filed on August 28, 2003, and the Defendants’ Motion to dismiss, filed October 6, 2003. Responses have been filed, and the matters are ready for resolution.

I. STATEMENT OF FACTS

Plaintiff Carroll Moore, a carpenter who resides in Tuckasegee, North Carolina, has regularly engaged in street preaching for the past seven years. Verified Complaint for Declaratory Judgment,…