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Kuba v. 1-A Agricultural Ass'n

ELR Citation: 34 ELR 20119
Nos. No. 02-16989, (9th Cir., 10/19/2004)

The Ninth Circuit held that an agricultural association's First Amendment Expression Policy, which prohibits individuals from demonstrating outside its rodeo and circus arena except in designated "free expression zones" that are located away from the building's entrances, is unconstitutional on its face. The association failed to show how the policy is "narrowly tailored" to achieve a "significant governmental interest." Although the association's interest in preventing traffic congestion and ensuring the safety of pedestrians and drivers is significant, it failed to meet its burden of proving that demonstrators handing out leaflets and carrying signs on the parking lots and walkways outside the arena would cause the congestion and danger to safety the association alleged. Nor is the policy as narrowly tailored. It prevents far more speech than is necessary to achieve the goals of preventing congestion and ensuring pedestrian and driver safety.