Johnson v. Minneapolis Park and Rec. Bd., No. 12-2419 (8th Cir. 2013)
Annotate this CasePlaintiff, a self-described "professing Evangelical Christian," distributed Bibles at the Twin Cities Pride Festival for many years in an exhibitor's booth but in 2009, Twin Cities Pride denied plaintiff's application for a booth. On appeal, plaintiff challenged the district court's denial of his motion for a preliminary injunction against enforcement of a local regulation that restricted literature distribution in a public park during the Festival. The court concluded that plaintiff has shown a likelihood of success on his claim that the literature distribution regulation was not narrowly tailored to serve a significant governmental interest; plaintiff satisfied the irreparable harm requirement; the balance of the equities favored granting the injunction; and the injunction was in the public interest. Accordingly, the court reversed the district court's denial of plaintiff's motion for a preliminary injunction and remanded for further proceedings.
Court Description: Civil case - Constitutional law. In action to enjoin enforcement of a city regulation that restricts literature distribution in Loring Park during the Twin Cities Pride Festival, the district court erred in denying plaintiff's motion for injunctive relief, as he showed a likelihood of success on his claim that the literature regulation was not narrowly tailored to serve a significant governmental interest; further, plaintiff showed irreparable harm, that the balance of equities favored the issuance of the injunction and that the injunction was in the public interest. Judge Bye, dissenting.
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