Gaughan v. City of Cleveland

RESTANI, Judge.

This appeal arises from Plaintiffs-Appellants Hugh Gaughan and Thomas Rad-dell’s (collectively “Appellants”) constitutional challenge to two Cleveland, Ohio, ordinances, Cleveland Codified Ordinances (“C.C.O.”) §§ 688.01(a), (b) and 605.10(b)(9), that regulate the playing of sound devices (collectively, the “Cleveland Ordinances”). Appellants argued that the Cleveland Ordinances violated their speech and due process rights under the First and Fourteenth Amendments of the U.S. Constitution. The district court dismissed their complaint for failure to state a claim under…