Moore v. Dallas, Texas, No. 16-11335 (5th Cir. 2017)
Annotate this CaseThe Fifth Circuit affirmed the district court's denial of plaintiff's motion for preliminary injunction to enjoin the enforcement of two rules affecting his ability to speak in a public park. Plaintiff, an evangelical Christian and a branch director of Open-Air Campaigners, received a criminal trespass warning and was prohibited from returning to the park for 90 days. The court held that plaintiff failed to demonstrate a substantial likelihood of success on the merits on his claims that the structure rule and the public event rule were unconstitutional. In this case, the structure rule was narrowly tailored and left open ample alternative channels of communication; plaintiff's claim of unbridled discretion failed because the structure rule lacked a close nexus to expression; and the structure rule was not unconstitutionally vague. Finally, plaintiff's claim regarding the public event rule was moot based on defendants' concession that plaintiff's activity did not constitute a public event.
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