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203029P.pdf 10/04/2021 Young America's Foundation v. Eric W. Kaler
U.S. Court of Appeals Case No: 20-3029
U.S. District Court for the District of Minnesota
[PUBLISHED] [Shepherd, Author, with Smith, Chief Judge, and Grasz, Circuit
Judge]
Civil case - Civil rights. Students for a Conservative Voice's facial
challenges to the University "Large Scale Event Process" policy were moot
because the University had replaced the policy with a new "Major Events"
policy, and the group had not shown that it is "virtually certain" that
the prior policy will be reenacted; accordingly, the group's facial
challenges under the First and Fourteenth Amendments against the
defendants in their official capacity are moot; with respect to
plaintiffs' claim that the defendants unconstitutionally applied the Large
Scale Event Process policy to their event planning process, the plaintiffs
do not have standing to maintain their as-applied challenge because they
have not shown that the policy was in fact applied to them; because
Students for a Conservative Voices' claims for injunctive relief are moot
and plaintiffs lacked standing to maintain their as-applied claim, the
district court's order of dismissal and grant of summary judgment as it
relates to those claims is vacated, and the case is remanded with
instructions to dismiss the claims without prejudice. Judge Grasz,
concurring in part and dissenting in part.