Degroen v. Mark Toyota-Volvo, Inc.

Opinion by

Judge DAVIDSON.

This is an appeal from the judgment entered by the trial court granting to plaintiff, Mark Toyota-Volvo, Inc., an injunction prohibiting defendant, Nicolaas L. De-Groen, from picketing on the public sidewalk in front of plaintiff’s business. Defendant contends that the injunction is an unconstitutional prior restraint under the First Amendment and Colo. Const, art. II, § 10. Defendant also claims he is entitled to attorney fees pursuant to 42 U.S.C. § 1988. We reverse and remand.

The facts in this case are not in dispute. In February 1990, defendant asked plaintiff to…