DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
143039P.pdf 08/14/2015 Jason Powell v. Larry Noble
U.S. Court of Appeals Case No: 14-3039
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Shepherd, Author, with Riley, Chief Judge, and Loken, Circuit
Judge]
Civil case - Civil rights. In action alleging defendants violated
plaintiff's First Amendment and due process rights by ejecting him from
the Iowa State Fairgrounds while he was engaging in religious expression,
the district court did not err in denying plaintiff's request for a
preliminary injunction based on his First Amendment claim as the disputed
areas where plaintiff wanted to stand were limited public forums and the
restrictions the defendants sought to impose, which were based on a need
to manage crowd flow and protect fair-goers, were reasonable and
viewpoint-neutral; nor was plaintiff likely to succeed on his challenge to
a rule against bringing signs attached to poles or sticks as such a rule
is a reasonable safety measure; nor did the district court err in
concluding that plaintiff had failed to show irreparable harm with respect
to his First Amendment claims; with respect to plaintiff's claim that he
was entitled to a preliminary injunction based on his likelihood of
success on the merits of his due process claim that the policies the
defendants sought to enforce were vague and lacking objective standards,
the matter must be remanded as the district court did not address
plaintiff's likelihood of success on the merits of his due process claim.
Judge Loken, concurring in part and dissenting in part.