March 17, 2016.
from United States District Court for the District of
Minnesota - Minneapolis.
David Miller, Plaintiff - Appellant: Nathan Kellum, Center
For Religious Expression, Memphis, TN; Stanley N. Zahorsky,
Zahorsky Law Firm, Edina, MN.
City of St. Paul, Thomas Smith, in his official capacity as
Chief of Police for City of St. Paul Police Department,
Patricia Englund, individually and in her official capacity
as Patrol Commander for the City of St. Paul Police
Department, Defendants - Appellees: Portia Michelle
Hampton-Flowers, City of Saint Paul, Saint Paul, MN.
MURPHY, BEAM, and GRUENDER, Circuit Judges.
MURPHY, Circuit Judge.
Miller brought this action against the City of St. Paul, its
police chief, and police officer Patricia Englund, alleging
violations of his First Amendment right to engage in
religious speech at the 2014 Irish Fair. Miller also sought a
preliminary injunction to enjoin similar violations at future
Irish Fairs. The district court denied Miller's
preliminary injunction motion
and dismissed his complaint after concluding that he lacked
standing to pursue his claims. Miller appeals. We affirm in
part and reverse and remand in part.
Irish Fair of Minnesota (IFM) is a private nonprofit
organization which organizes the annual Irish Fair, a three
day event celebrating Irish culture. The fair takes place at
Harriet Island Regional Park (Harriet Island), a public park
in St. Paul, Minnesota. IFM obtains permits from the city
allowing it to host the fair, which is open to the public
free of charge. Harriet Island remains a public park during
city's administrative regulations governing permits for
the use of Harriet Island require a security plan to be
submitted sixty days before an event. St. Paul patrol
commander Patricia Englund drafted the security plan for the
2014 Irish Fair, which was implemented by off duty St. Paul
police officers. The plan contained a list of "
prohibited items" which included signs. In addition,
IFM's policies and procedures limited solicitation by
vendors and prohibited the distribution of "
merchandise, promotional items or materials" at the
is an evangelical Christian who planned to share his
religious views at the 2014 Irish Fair by carrying signs,
distributing literature, open air preaching, and initiating
conversations with passersby. On August 9, 2014 he and a few
friends met outside the fair entrance, carrying signs and
planning to express their shared religious views. Before they
entered the fairgrounds, however, they were approached by ...