Legal Opinion

Pence v. City of St. Louis

District Court, E.D. Missouri

Decided July 30, 2013No. Case No. 4:13CV871 CDPPublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

CATHERINE D. PERRY, District Judge.

Plaintiffs seek a preliminary injunction against enforcement of the City of St. Louis’s ordinances that require street performers to obtain a permit and pay a fee before performing in public spaces. I conclude that plaintiffs are likely to succeed on the merits of their First Amendment claim that the ordinances grant excessive discretion to the administrator in choosing whether to issue a permit and the permit scheme is not narrowly tailored to the government’s interest in maintaining peace and order. As the other preliminary injunction…

2Cases cited26 opinions

  1. Elrod v. BurnsSupreme Court of the United States · 1976
  2. Broadrick v. OklahomaSupreme Court of the United States · 1973
  3. Ward v. Rock Against RacismSupreme Court of the United States · 1989
  4. Perry Education Ass'n v. Perry Local Educators' Ass'nSupreme Court of the United States · 1983
  5. Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980

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3Cited by2 opinions

  1. Josephine Havlak Photographer, Inc. v. Village of Twin OaksDistrict Court, E.D. Missouri · 2016
  2. Josephine Havlak Photographer, Inc. v. Village of Twin OaksDistrict Court, E.D. Missouri · 2016

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