Bennett v. Brownlow

OPINION

IRVINE, Judge.

¶ 1 Appellants, Tammie C. Bennett (“Bennett”) and her husband, James A. Bennett, appeal from an order granting summary judgment to Yavapai County (“County”). We find that the County violated the First Amendment to the United States Constitution by requiring that sponsors of events on the Courthouse Plaza be non-profit organizations. Therefore, we reverse the judgment and remand for further proceedings.

FACTUAL AND PROCEDURAL HISTORY

¶ 2 The Yavapai County Courthouse, surrounded by grass lawns and large trees, occupies the central block of downtown Prescott. Over the years,…