Evans v. Sandy City, No. 17-4179 (10th Cir. 2019)Annotate this Case
After Sandy City, Utah’s city council adopted an ordinance making it illegal for any person “to sit or stand, in or on any unpaved median, or any median of less than 36 inches for any period of time,” appellant Steve Ray Evans received four citations for violating the Ordinance when he stood on narrow or unpaved medians. Evans filed suit against the City and many of its officials under 42 U.S.C. 1983, alleging the Ordinance was facially invalid because it violated the First Amendment right to free speech. Evans also asked the district court to grant his request for a preliminary injunction. The City filed a motion for summary judgment, and after a hearing, the district court denied Evans’ preliminary injunction and granted summary judgment in favor of the City because the Ordinance was a valid time, place, or manner restriction on speech. Evans appealed, arguing the district court incorrectly applied the time, place, or manner standard and wrongly granted summary judgment because the City did not satisfy its evidentiary burden. Finding no reversible error, the Tenth Circuit Court of Appeals affirmed summary judgment.