Ball v. City of Lincoln

The Eighth Circuit affirmed the district court's grant of summary judgment to the City and SMG on plaintiff's claim that defendants violated his First Amendment free-speech rights. In this case, plaintiff was ticketed and arrested for trespassing after he distributed leaflets in the plaza area of the Pinnacle Bank Arena, which activity was prohibited by the Arena's Exterior Access and Use Policy. The court held that, while the physical characteristics of the Plaza Area may be suggestive of a conclusion that it was a public forum, the use for which the Plaza Area was designed does not suggest that it should be considered a traditional public forum. After considering relevant factors such as the Plaza Area's physical characteristics; its use, function, and purpose; and the City's intent in constructing the space, the court agreed with the district court that the Plaza Area was a nonpublic forum. The court also held that the district court did not err in concluding that the Policy was reasonable and thus constitutional as not unduly restrictive of plaintiff's First Amendment rights to engage in expressive activity in a nonpublic forum. View "Ball v. City of Lincoln" on Justia Law