Sambo's Restaurants, Inc., and Sambar Properties, Inc. v. The City of Ann Arbor George W. Gardner and G. M. Scofield

In a carefully considered and well-written opinion, Judge Julian Cook concluded that the plaintiff clearly waived any First Amendment rights it may have had to use the name “Sambo’s” at its Ann Arbor restaurant. I think that the district court is absolutely correct. I find my colleagues’ views to the contrary to be untenable. I respectfully dissent.

I

Judge Celebrezze and Judge Merritt agree that the name “Sambo’s” is protected by the First Amendment. They give different reasons, however, for their conclusion that the plaintiff waived any rights it may have had to use the name “Sambo’s.” Judge…