Week of October 21, 2021

Barrera v. City of Mount Pleasant

Submitted by Re'Neisha Stevenson on Wed, 10/26/2022 - 12:10

Refusal to provide name during investigatory stop gave officers probable cause to arrest for obstructing a police officer in the performance of his duties, citing Hiibel v. Sixth Judicial District Ct. of Nevada, 542 U.S. 177 (2004); this despite the fact that in plaintiff’s criminal case, the Michigan Ct. of Appeals overturned conviction on ground there was no probable cause for arrest.

Fort Lauderdale Food Not Bombs v. City of Fort Lauderdale

Submitted by Re'Neisha Stevenson on Wed, 10/26/2022 - 12:09

Organization hosts food-sharing events in park to communicate message that scarce resources are skewed toward military and away from feeding the hungry; park rule that required city permission for social service good-sharing events violated First Amendment with respect to these demonstrations; intermediate, rather than strict scrutiny applied to rule; rule provided no guidance to when, how, or why city would grant permission; rule was not narrowly tailored nor was it a reasonable time, place, and manner regulation; individual members and organization had standing to sue.