On March 28, FSSP shareholder Christopher P. Finney, with co-counsel The Law Firm of Curt C. Hartman, filed a brief opposing the petition for writ of certiorari in City of Cincinnati, Ohio et al. v. Mark Miller, et al. The brief, which can be viewed here, argues that cert. should be denied because Sixth Circuit correctly applied the abuse-of-discretion standard to its review of the preliminary injunction granted by the district court in favor of FSSP clients and plaintiffs Mark Miller, Citizens Opposed to Additional Spending & Taxes, and WeDemandAVote.com.
In the underlying case, the plaintiffs alleged that the City of Cincinnati improperly restricted or limited access to several public fora at City Hall. In particular, the plaintiffs alleged that in 2008 the City of Cincinnati relied on an unconstitutionally vague administrative regulation to permit groups such as the Cincinnati Public School Board and Citizens for Community Values to hold press conferences and rallies in areas such as the lobby steps inside City Hall, while denying the same right to the plaintiffs. The district court ruled that the plaintiffs had a strong likelihood of success on the merits of their claims, and issued an injunction. The Sixth Circuit Court of Appeals held that the district court did not abuse its discretion in doing so.
As a result of the City of Cincinnati’s appeal, request for rehearing, and petition for certiorari, the case has now lasted for more than two and a half years, with the underlying merits still to be addressed.
The docket may be viewed here. The Court is likely to consider the cert. petition at a conference on or after April 29.