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.
173219P.pdf 11/06/2019 Michael Rodgers v. Bill Bryant
U.S. Court of Appeals Case No: 17-3219
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Melloy, Author, with Smith, Chief Judge, and Stras, Circuit
Judge]
Civil case - Constitutional Law. The district court did not err in
granting a statewide preliminary injunction preventing Arkansas from
enforcing its anti-loitering law while plaintiffs pursue their claim that
the law - Ark. Code Ann. Sec. 5-71-213 (2017)(amended 2019) - violates
their First Amendment free-speech rights; plaintiff have standing to
pursue their suit as they established an injury in fact fairly traceable
to the potential enforcement of the law and that their claims can be
redressed by an injunction prohibiting enforcement; the district court did
not err in determining that plaintiffs were likely to prevail on their
claim that the law violates the First Amendment because Arkansas has so
far failed to establish that the law is narrowly tailored to achieve a
compelling state interest; because plaintiffs established likelihood of
success on their First Amendment claims, they have satisfied the remaining
Dataphase factors, as well. Judge Stras, dissenting.