Spingola v. Village of Granville

39 F. App'x 978
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 11, 2002
DocketNo. 00-3957
StatusPublished
Cited by11 cases

This text of 39 F. App'x 978 (Spingola v. Village of Granville) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Spingola v. Village of Granville, 39 F. App'x 978 (6th Cir. 2002).

Opinion

SILER, Circuit Judge.

This case concerns the constitutionality of Defendant Village of Granville’s (the “Village”) Ordinance 311.02(A) (the “Ordinance”), which regulates public speaking during parades and assemblages held on the public streets of the Village. Plaintiff Charles S. Spingola challenges the Ordinance as an unconstitutional restriction of his First Amendment rights. The district court denied Spingola’s request for preliminary and permanent injunctive relief, and Spingola appeals. We affirm in part and remand for further proceedings.

BACKGROUND

The Granville Kiwanis Club sponsors an annual Fourth of July Celebration in the Village of Granville, attracting a crowd estimated in the thousands. The celebration is in the “nature of a street fair,” occurring in a two-block area of downtown Granville over several days. The two blocks are closed to vehicular traffic.

Spingola characterizes himself as a “confrontational evangelist.” In his ministry, he travels around Ohio and other states attending events or positioning himself in locations where he may find a large audi[979]*979ence. He has adopted a preaching style based on audience interaction. Often, he directs his preaching at or in reference to the appearance, attire or apparent lifestyles of those around him. This style of preaching often results in “spirited” responses from members of the crowd, which the Village alleges necessitates police support to maintain the peace around Spingola. He also utilizes various signs and props to accentuate his message, including graphic photos of aborted fetuses and alleged homosexual devices.

In 1998, Spingola attended the Granville Kiwanis Fourth of July celebration and engaged in preaching at various locations in the two-block area. He drew significant crowds of observers. Allegedly, Village officials became concerned that Spingola’s crowds substantially impeded and obstructed the flow of pedestrian traffic in the area set aside for the festival.

In June 1999, the Village enacted the Ordinance, which provides that during an assemblage for which a permit has been issued the Village may designate a specific area for the purpose of public speaking and that public speaking shall be confined to the designated area. A person seeking to use the designated public speaking area must obtain a permit from the Village manager. Anyone who engages in public speaking in an area outside the designated area may be prosecuted for criminal trespassing and/or disorderly conduct after receiving an initial warning. The relevant text of the ordinance is, as follows:

(B) During the duration of a permit issued pursuant to paragraph A, within any approved assemblage area, the Village may, as is reasonable and appropriate, designate a specific area or areas within the assemblage area for use by the public for the purpose of public speaking designed to gather crowds and for the free discussion of issues and/or ideas. If such an area is designated, subject to reasonable time, place, and manner restrictions, no mobile advertising and/or public speaking designed to gather a crowd shall be permitted within the assemblage area(s), other than at the designated public speaking area(s).
Within the designated public speaking area(s), the using or operating of any loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public street or assemblage area for the purpose of commercial advertising or attraction of the attention of the public is prohibited. Natural voice only shall be permitted within the designated public speaking area(s).
The Village reserves the right to limit or cancel the use of the designated public speaking area(s) at any time due to compelling unforeseen or operational circumstances. Every reasonable effort will be made to alleviate the effects of any such limitation.
The use of the designated public speaking area(s) shall be by permit of the Village Manager only. There shall be equal access for all persons or groups to such permits and a permit shall not be unreasonably denied. A permit under this section shall be requested no less than two business days prior to the time the applicant wishes to use the designated public speaking area. For good cause shown, and solely within the discretion of the Village Manager, a request for a permit under this section may be submitted less than two business days before the time the applicant wishes to use the designated public speaking area. Requests for a permit under this section shall include the name, address, and telephone number of the applicant and the date, time, and general nature of the intended use of the designated public speaking area(s). Should two or more requests be made [980]*980for use of the designated public speaking area(s) on the same date and time, the designated public speaking area(s) win be scheduled on a first come, first served basis. Conflicting requests will be analyzed on a case by case basis.
The issuance of a permit for use of the designated public speaking area(s) shall not imply endorsement or approval by the Village of Granville of the conduct, objectives, or views of the permit holder.
After receiving an initial warning, who ever violates paragraph B of this ordinance or the terms of the permit issued thereunder may be guilty of criminal trespassing, a misdemeanor of the fourth degree and/or disorderly conduct, a misdemeanor of the third degree, and is otherwise subject to any other civil or criminal penalties provided by state law and the ordinances of the Village of Granville. If in violation of a permit issued under section B of this ordinance, the violator may be removed from the designated public speaking area.

Prior to its enactment, the Village went to the extraordinary step of sending a draft of the proposed ordinance to ACLU President Benson Wolman and Assistant Attorney General Mark Weaver for their consideration. The Village received their respective suggestions, which were incorporated into the final version of the Ordinance.

In June 1999, the Granville Kiwanis Club applied for an assemblage permit pursuant to the Ordinance for the Fourth of July Celebration to be held on the Village streets between June 29 and July 5, 1999. The permit was granted on June 24, 1999. On June 22, 1999, pursuant to the Ordinance, George E. Smock applied for a permit for the use of the designated public speaking area during the Fourth of July celebration for the general purpose of “preaching the Bible by various members of College Community Church.” Smock requested use of the designated public speaking area on June 30 through July 2 from 7:00 PM to 11:00 PM, and on July 3 between 12:00 PM-2:00 PM and 7:00 PM-11:00 PM. The request was granted and a permit was issued on June 25, 1999. Spingola appeared at the Fourth of July celebration and engaged in preaching at the designated location pursuant to the permit issued to Smock. As a result of the Ordinance itself and events that allegedly transpired at the 1999 festival, Spingola brought this action claiming that the Ordinance is unconstitutional because it unduly restricts his freedom of speech and assembly, as well as being unconstitutionally vague.

STANDARD OF REVIEW

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Bluebook (online)
39 F. App'x 978, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spingola-v-village-of-granville-ca6-2002.