Josephine Havlak Photographer, Inc. v. Village of Twin Oaks, No. 16-3377 (8th Cir. 2017)Annotate this Case
Plaintiff, a commercial photographer, filed suit against the Village for injunctive and declaratory relief after the Village passed a municipal ordinance prohibiting all commercial activity in its neighborhood park without a permit. The Eighth Circuit affirmed the district court's denial of her Free Speech rights claims, holding that the ordinance met constitutional scrutiny as applied to plaintiff because it was content neutral, was narrowly tailored to serve the Village's significant government interests, left ample alternatives for her to communicate her message, and did not provide the Village with unbridled discretion.