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161190P.pdf   05/02/2017  Jason Powell  v.  Roxann Ryan
   U.S. Court of Appeals Case No:  16-1190
   U.S. District Court for the Southern District of Iowa - Des Moines   
[PUBLISHED] [Colloton, Auther, with Melloy and Shepherd, Circuit Judges] Civil Case - preliminary injunction - due process. Following this court's remand in Powell v. Noble, 798 F.3d 690 (8th Cir. 2015), for the district court to consider a due process claim relating to Powell's efforts to hold a sign on a pole at the Iowa State Fair, the district court's denied a broader preliminary injunction, concluding Powell was unlikely to succeed on the merit and failed to show irreparable harm. On appeal, Powell claims the unwritten Fair rules are too vague. Whatever level of precision is required where the only sanction is ejection, Powell is not likely to succeed on his due process claim; Powell had notice of the rules for prospective relief and the rules are clear. Powell is not likely to succeed in claim that rule impermissibly encourages arbitrary and discriminatory enforcement and has not shown authorities discriminated in favor of others similarly situated. Fact that rules are unwritten does not deprive Powell of fair notice prospectively. District court's determination that Powell failed to show he was likely to suffer irreparable injury is affirmed; enforcement is not likely to infringe on his right to freedom of speech. Judge Shepherd concurs.