McCraw v. City of Oklahoma City, No. 19-6008 (10th Cir. 2020)Annotate this Case
Oklahoma City Ordinance 25,777 prohibited standing, sitting, or remaining for most purposes on certain medians. Plaintiffs were Oklahoma City residents, a minority political party in Oklahoma, and an independent news organization. They used medians to panhandle, engage in protests or other expressive activity, mount political campaigns, cover the news, or have personal conversations. After they were no longer able to engage in such activity due to the ordinance, plaintiffs sued Oklahoma City and its chief of police, William Citty, (together, “the City”) alleging violations of their First and Fourteenth Amendment rights. The district court dismissed plaintiff Trista Wilson’s First Amendment claim; granted summary judgment favoring the City on plaintiffs’ due process vagueness claims; and, following a bench trial, entered judgment against plaintiffs on all other claims. After review, the Tenth Circuit Court of Appeals reversed the court’s entry of judgment in favor of the City on plaintiffs’ First Amendment claims; it reversed the dismissal of Wilson’s First Amendment claim; and affirmed on all other claims.