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.
193290P.pdf 03/18/2021 Cory Sessler v. City of Davenport, Iowa
U.S. Court of Appeals Case No: 19-3290
and No: 19-3310
U.S. District Court for the Southern District of Iowa - Davenport
[PUBLISHED] [Melloy, Author, with Smith, Chief Judge, and Loken, Circuit
Judge]
Civil case - Injunctions. Plaintiff sought to enjoin enforcement of the
City's Special Events Policy, which he alleged abridged his First
Amendment rights to preach and display signs in public spaces during
certain events, such as the City's annual Street Fest; the district court
found that the Street Fest was a traditional public forum and that law
enforcement's decision to move plaintiff to an adjacent location was
likely a content-neutral limitation on the time, place, and manner of his
speech; the district court then denied plaintiff's request for a
preliminary injunction. Held: the district court did not err in
determining the Special Events Policy was content-neutral; even if
plaintiff could show a likelihood of success on the merits, he was not
entitled to injunctive relief because he failed to establish he will
suffer irreparable harm absent the court's intervention; on this record,
the district court did not err in denying plaintiff's request for
preliminary injunctive relief.