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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.