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July 19, 2023

Prohibition against bringing signs and posters into public meetings of the jurisdiction's Common Council challenged

A federal district court granted the City of Kingston's motion to dismiss the petitioner's [Plaintiffs'] challenge to the City's prohibition against bringing signs and posters into public meetings of the Kingston Common Council held at Kingston City Hall.  

The City had contended that Common Council meetings "are limited public fora in which the City is permitted to reasonably restrict speech that undermines the purpose for which the forum had been opened." The district court agreed and granted the City’s motion.

The court opined that Plaintiffs had not adequately alleged that the City’s sign prohibition was unreasonable in light of the potential disruption or distraction that signs at Common Council meetings might pose.  

The Second Circuit agreed, stating "We AFFIRM the judgment of the district court." 

In a footnote, the Circuit Court's decision noted "Many district courts have upheld similar sign prohibitions at public meetings" citing Madsen v. City of Lincoln, 574 F. Supp. 3d 683, among other decisions.

Click HERE to access the Second Circuit's decision posted on the Internet.

 

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