Marcavage v. Nat'l Park Serv., No. 11-2246 (3d Cir. 2012)
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Plaintiff led a demonstration at the entrance to the Liberty Bell Center at Independence National Park, sharing the sidewalk with tourists, carriage operators, and Komen Foundation walk participants. A ranger told plaintiff to vacate the sidewalk because it was not a designated First Amendment area; he issued an oral permit to continue on the opposite side. Plaintiff refused. Two hours later, the ranger escorted him off the sidewalk. Plaintiff was convicted of violating a permit, 36 C.F.R. 1.6(g)(2), and interfering with agency functions, 36 C.F.R. 2.32. The Third Circuit found insufficient evidence of violating a permit, and vacated conviction for interfering with agency functions as invalid under the First Amendment. Plaintiff sued the Park Service, the Department of the Interior, and the rangers under 42 U.S.C. 1983. The district court dismissed, finding the rangers entitled to qualified immunity because plaintiff’s First Amendment rights were not clearly established at the time, and he could not show that the rangers acted without probable cause when arresting him. Plaintiff was not similarly situated to other groups that were allowed to stay. Claims for declaratory relief were moot; the Park Service has revised regulations to designate the sidewalk as a First Amendment area, and now exempts small groups from permit requirements. The Third Circuit affirmed
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