Edwards
Edwards v. City of Coeur D'Alene
Opinion
Lead Opinion
Pregerson, J.
This case involves a lawsuit brought by Gary Edwards (“Edwards”) challenging the constitutionality of Ordinance 2920(1)(D), which was enacted by the City of Coeur d’Alene, Idaho (“the City”). Co-EUR D’alene, Id., Code § 9.52.050. Edwards asserts that the ordinance, which prohibits the carrying of signs attached to wooden or plastic handles during parades and public assemblies, abridges his right to free speech under the First and Fourteenth Amendments. 1 The district court rejected Edwards’s challenge and granted summary judgment for the City after finding that the ordinance was a valid “time, place, *859 and manner” restriction on speech. We have jurisdiction pursuant to 28 U.S.C. § 1291 and now reverse.
I.
FACTS and PROCEDURAL HISTORY
On July 18, 1998, the Aryan Nations conducted a march through the downtown area of the City. Edwards was arrested by a Kootenai County sheriffs deputy as he protested the march carrying a sign that read “Stop the Nazis Now.” The arrest occurred after Edwards was asked to surrender the wooden handle and wooden slat supports of his sign and refused to do so. At the time, no City law banned the use of sign supports. Edwards’s arrest was an alleged…