Capital Area Right to Life, Inc. v. Downtown Frankfort, Inc.

I respectfully dissent from the majority opinion because the discriminatory activities of DFI in refusing a booth at the Great *302Pumpkin Festival to Capital Area Right to Life, Ine. constituted impermissible state action and as such is a clear denial of the constitutional right of free speech.

The majority opinion notes that we must look for guidance to Heffron v. International Society For Krishna Cons., 452 U.S. 640, 101 S.Ct. 2559, 69 L.Ed.2d 298 (1981), and then states that it considers the issue before this Court as the opposite side of the same coin. The majority opinion proceeds to…