First Amendment

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United States Court of Appeals For the Seventh Circuit

Civil

First Amendment

Plaintiff and his young son were expelled from the Soldiers and Sailors Monument at Monument Circle in Indianapolis for protesting without a permit. Smith claims here that the Commission’s permit policy violates the First Amendment. He appeals from the district court’s denial of his motion for a preliminary injunction against the policy’s enforcement. The defendants say little about the merits but argue that his appeal is moot because the permit policy has changed since the district court denied the motion. The court concludes that the new policy retains the problematic features of the old, so Smith’s appeal is not moot.

Because we also conclude that Smith has met the requirements for obtaining a preliminary injunction, we reverse the judgment of the district court and remand the case with instructions to enter an appropriate preliminary injunction. Because Smith has a reasonable likelihood of showing that the policy is unconstitutional both as it was applied to him and as it applies to individuals and small groups generally, the preliminary injunction should prohibit its enforcement against any individual or small group.

Reversed and remanded

13-1939 Smith v Executive Director of the Indiana War Memorials Commission, et al.

Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Hamilton, J.