Legal Opinion
Lauder, Inc. v. City of Houston, Texas
District Court, S.D. Texas
Decided November 4, 2010No. Civil Action H-08-3223PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM AND OPINION ENTERING FINDINGS OF FACT AND CONCLUSIONS OF LAW
LEE H. ROSENTHAL, District Judge.
This is a First Amendment challenge to a newsrack ordinance enacted by the City of Houston in 2007. The ordinance requires newsracks on the City’s rights-of-way to meet certain material, size, and placement standards and requires publishers using newsracks to pay a permit fee. Lauder, Inc., the plaintiff, publishes a free monthly newspaper funded almost entirely by advertisements. Lauder uses news-racks to distribute the paper. Lauder alleges that the ordinance violates the First Amendment…
2Cases cited63 opinions
- Ward v. Rock Against RacismSupreme Court of the United States · 1989
- Perry Education Ass'n v. Perry Local Educators' Ass'nSupreme Court of the United States · 1983
- Haguer v. Committee for Industrial OrganizationSupreme Court of the United States · 1939
- Members of the City Council of Los Angeles v. Taxpayers for VincentSupreme Court of the United States · 1984
- Clark v. Community for Creative Non-ViolenceSupreme Court of the United States · 1984
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3Cited by5 opinions
- Ricky Moore v. City of Dallas, TexasCourt of Appeals for the Fifth Circuit · 2017
- ODonnell v. Harris CountyDistrict Court, S.D. Texas · 2017
- Lauder, Inc. v. City of Houston, TexasCourt of Appeals for the Fifth Circuit · 2012
- Lauder, Inc. v. City of Houston, TexasCourt of Appeals for the Fifth Circuit · 2012
- National Federation of the Blind of Texas Inc v. City of Arlington TexasDistrict Court, N.D. Texas · 2022