Kroll vs. Incline Village General Improvement District, et al.

Order by the Court setting Oct. 8, 2008 Hearing Date

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Apparently responding to the Ex Parte application submitted by Plaintiff to the Court on 9/11/2008, Federal District Court Senior Judge Edward C. Reed, Jr. has set an Oct. 8, 2008 hearing date on the First Amendment infringement issues first raised on 5/6/2008, less than a week after defendant IVGID adopted without discussion or dissent and after minimum public notice their Policy 136 regulating Free Speech on District-owned property. Plaintiff contends the Policy is unconstitutional on its face, and that not visible on its face is defendants' real motive for adopting this draconian invasion of constitutional rights, namely, as a legal maneuver which they thought would cut the ground out from plaintiff's lawsuit against them. Plaintiff has cited a 9th Circuit case directly in point for the proposition that playing "gotcha" with the plaintiff is not the "compelling state interest" contemplated by First Amendment law to permit IVGID's infringement upon his free speech rights. Each side has been given 1 hour for their presentations.

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Reference Info:Decision | Federal, 9th Circuit, Nevada | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Steven Kroll, Law Office of Steven E. Kroll | Attorney Advertising

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