Rodgers v. Bryant, No. 17-3219 (8th Cir. 2019)Annotate this Case
Plaintiffs filed suit challenging an Arkansas anti-loitering law that bans begging in a manner that is harassing, causes alarm, or impedes traffic. The Eighth Circuit affirmed the district court's grant of a statewide preliminary injunction preventing Arkansas from enforcing the ban while plaintiffs pursue their claim that the law violates the First Amendment.
The court held that plaintiffs had standing to seek a preliminary injunction where plaintiff's chilled speech amounted to a constitutional injury, the injury was fairly traceable to the potential enforcement of the anti-loitering law, and the injury would be redressable by an injunction. The court held that plaintiffs were likely to prevail on their First Amendment claim, because Arkansas failed to establish that the law was narrowly tailored to achieve a compelling interest. Furthermore, plaintiffs have established that the law likely violates the First Amendment, and thus they have satisfied the remaining three Dataphase factors. Finally, the court held that the district court did not abuse its discretion in applying the preliminary injunction statewide rather than limiting its application to plaintiffs.