Citizens for a Better Kettering v. City of Kettering, Ohio, 3:12-cv-00147

Citizens for a Better Kettering v. City of Kettering, Ohio

3:12-cv-00147

S.D. Ohio

May 22, 2012

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Docket

Case Information

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

CITIZENS FOR A BETTER KETTERING, individually and on behalf of all others similarly situated, et al.,

PLAINTIFF

v THE CITY OF KETTERING, OHIO, et al.

DEFENDANT

Case No. 3:12-cv-147

Judge Black

AGREED PERMANENT INJUNCTION AND FINAL ENTRY

Pursuant to the agreement and consent of the parties herein. it is hereby ORDFRED that the City of Kettering, including all officials. employees or those acting on its behalf. are hereby ESTOPPED and ENJOINED from enforcing any rule or regulation (except for reasonable time. place. and manner restrictions). that restricts. limits. or prohibits any indiv idual or organization that desires. now or in the future. from engaging in non-commercial protected speech. including. but not limited to. the circulation of petitions. in all parts of the Civic Commons Park (with the exception of the Fraze Pavillion area. hereinafter identified as the area depicted with hash marks as shown in Exhibit A) in the City of Kettering during the Kettering Block Party (now or in the future) or during any other festivals or events held in any portion of Civic Commons Park (excluding the Fraze Pavillion) that are free and open to the general public. Nothing herein shall prohibit the closing of portions of the park for events that are not free and open to the public. and such areas. depending upon the size of the event. shall generally include the area shown by the hash marks as shown in Exhibit B.

Nothing herein shall prohibit or restrict the ability or authority of the City of Kettering from restricting. regulating or prohibiting the use of sound amplification by individuals or organizations engaging in non-commercial protected speech in any parts of the Civic Commons Park: and

*2 Nothing herein shall be deemed to restrict the ability of the City of Kettering to communicate its own governmental message to its citizens pursuant to the government speech doctrine:

The Court shall retain jurisdiction for the purpose of enforcing this Agreed Permanent Injunction. This is a final entry.

SO ORDERED.

Reviewed and Agreed:

Wayne E. Waite (0008352) Kelly M. Schroeder ( $= 0080637$ ) FREUND, FREEZE &; ARNOLD Fifth Third Center 1 South Main Street. Suite 1800 Dayton. OH 45402-2017 (937) 222-2424 wwaltee ifalaw.com Attorneys for Defendants Theodore A. Hamer. III (0041886) Law Director Law Department City of Kettering 3600 Shroyer Road Kettering. OH 45429 (937) 296-2400

Co-counsel for Defendants City of Kettering, et al.