Constitutional Law — First Amendment — public parks; permits

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United States Court of Appeals

Civil

Constitutional Law — First Amendment — public parks; permits

It was error to grant summary judgment to a defendant on a claim that its policy of requiring permits to engage in expressive activity in a public park violated the First Amendment.

“Only after viewing the Policy in light of the concerns that are unique to the venue in question do we believe a court can appropriately assess the constitutionality of the regulation. This is a factually driven inquiry. On the one hand, Gateway Park’s location immediately adjacent to the heavily trafficked Navy Pier poses unique logistical concerns that may make the regulations necessary. On the other hand, the park’s proximity to the pier makes it a natural alternative venue for the type of expression that the pier itself cannot support. Absent a greater understanding of the rationale behind the MPEA’s Policy, we are left with the impression that the imposition of burdensome restrictions for small groups at Gateway Park might be overreaching. Accordingly, we remand the case to the district court where the MPEA can be given an opportunity to defend its Policy.”

Affirmed in part, and Reversed in part.

09-3335 & 09-4079 Marcavage v. City of Chicago

Appeals from the United States District Court for the Northern District of Illinois, Shadur, J., Bauer, J.