Trask v. Ketchikan Gateway Borough
Annotate this CaseAppellant Leta Trask painted a religious message on her roof. Appellee Ketchikan Gateway Borough filed a complaint to enjoin Ms. Trask from displaying the message. The Borough argued that the message was in violation of a borough ordinance prohibiting roof signs. Ms. Trask counterclaimed for relief under 42 U.S.C. 1983, arguing that the Borough's enforcement of the ordinance violated her free speech rights. The superior court held that the message was not a "sign" contemplated by the ordinance and that she did not have to remove it. The court dismissed Ms. Trask's 1983 claim for lack of standing. Ms. Trask appealed the dismissal of her 1983 claim to the Supreme Court. Upon review of the briefs submitted and the applicable legal authority, the Supreme Court found that it was error to dismiss Ms. Trask's 1983 claim. The Court reversed the lower court's dismissal, and remanded the case for further proceedings.
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