163210P.pdf   08/29/2017  Larry Ball  v.  City of Lincoln
   U.S. Court of Appeals Case No:  16-3210
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Wollman, Author, with Melloy and Shepherd, Circuit Judges] 
   Civil case - First Amendment. The district court did not err in concluding 
   the plaza area of the Pinnacle Bank Arena in Lincoln, Nebraska is a 
   nonpublic forum and the city's Exterior Access and Use Policy is a 
   reasonable restriction on speech; consideration of the relevant factors - 
   the plaza's physical characteristics; its use, function and purpose; and 
   the City's intent in constructing the space - all support the district 
   court's conclusion; further, there is no evidence the plaza has been used 
   for expressive purposes; rather, the record shows the plaza is primarily 
   used in conjunction with arena activities and there is no evidence the 
   City intended to open the plaza for expressive activities by the public; 
   the City's policy is viewpoint neutral; the policy is reasonable in light 
   of the plaza's intended use and purpose and there are other nearby public 
   area open for expressive activity. Judge Melloy, concurring in part and 
   dissenting in part.