Wright v. City of St. Petersburg, No. 15-10315 (11th Cir. 2016)Annotate this Case
After plaintiff, an ordained minister, obstructed a police investigation and resisted arrest in a city park, he was arrested and issued a “trespass warning” under City Ordinance 20-30, which prohibited him from re-entering the park for one year. Plaintiff filed suit alleging that section 20-30 violates the First Amendment because it prevented him from re-entering the park to exercise his First Amendment rights. The court rejected plaintiff's contention, concluding that the city did not inevitably single him out based on his expressive activity, and he did not receive his trespass warning because he was engaged in expressive conduct protected by the First Amendment. The court also concluded that section 20-30(g) of the ordinance is not an unlawful prior restraint on speech; it actually permits more speech, not less.