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163377P.pdf 07/26/2017 Josephine Havlak Photographer v. Village of Twin Oaks
U.S. Court of Appeals Case No: 16-3377
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Smith, Author, with Arnold and Shepherd, Circuit Judges]
Civil case - Constitutional law. Defendant's permit policy concerning
commercial activity in its public park was facially content neutral and
the record does not indicate any governmental purpose to burden any
particular message; lack of a permit exception for groups smaller than 10
people did not create a constitutional infirmity; deadlines for obtaining
a permit were reasonable; fee was narrowly tailored to the actual costs
the village incurs; there were many alternative locations in the St. Louis
area where plaintiff could conduct her commercial photography and
communicate her message; the ordinance does not leave the defendant with
unbridled discretion and its permitting factors survive constitutional
scrutiny.