Monday, October 04, 2004

US 6th Circuit Affirms Enjoinder of Capital Review Board

The United States Court of Appeal for the Sixth Circuit affirmed the U.S. Southern District Court of Ohio's ruling in Parks v. Finan (PDF), 2004 FED App. 0331P (6th Cir.). Parks entered the State Capitol grounds, preaching on one occasion and wearing a sandwich board proclaiming his religious beliefs on another, and was asked to leave until he received a permit. Parks sought an injunction against the Capitol Square Review and Advisory Board and Ohio State Highway Patrol from enforcing the permit requirement.

The trial court enjoined the review board, determining that the permit scheme was invalid with respect to individuals. In affirming, the court of appeals was not wholly persuaded that the permit scheme was entirely invalid.

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