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Another DC Ct. of Appeals Win for Don Padou, '11

Thursday, October 3, 2013   (0 Comments)
Posted by: Joe Libertelli
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Don Padou, '11"This Pole Could Be a Tree!” 

Congrats to Abigail and Don Padou, ’11 for their second D.C. Court of Appeals victory in a 1st Amendment lawsuit against the District of Columbia for its removal of their ""Leave the Trees” and "This Pole Could be a Tree” signs urging their Brookland, DC neighbors to attend a 2008 meeting on the burying of utility lines. 

In a second reversal of a Superior Court decision in the matter, the Court of Appeals remanded, saying in part: 

"…the Padous did have standing to challenge those subsections that the District asserted they had violated: §§ 108.7, 108.10, and 108.11. Moreover, the Padous‟ challenges to these three provisions were not rendered moot by amendments to other subsections of the statute.  Therefore, the trial court should have ruled on the merits of the Padous‟ arguments that (1) §§ 108.7, 108.10, and 108.11 are not permissible time, place, and manner restrictions on speech (factoring in, with respect to § 108.11, the right to speak with anonymity), and (2) § 108.10 is unconstitutionally vague. We remand a second time so that the Superior Court can consider the merits of these claims.

To read the full Court of Appeals Decision, click HERE

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