Powell v. Ryan

The Eighth Circuit affirmed the denial of plaintiff's request for a broader preliminary injunction against the enforcement of rules of the Iowa State Fair that forbid impeding traffic and bringing signs attached to poles and sticks to the Fair. The Eighth Circuit concluded that, whatever level of precision might be required for Fair rules to satisfy due process, plaintiff was not likely to succeed on his claim; a person of ordinary intelligence in plaintiff's position was on fair notice; plaintiff was well informed that carrying a sign on a pole violates a rule against carrying signs attached to sticks or poles; plaintiff was not likely to succeed on a claim that the Fair's rules impermissibly encourage arbitrary and discriminatory enforcement because he failed to present evidence demonstrating that the Fair authorities have discriminated in favor of others who are similarly situated to him; that the rules were unwritten does not deprive plaintiff of fair notice prospectively; and plaintiff failed to show that he was likely to suffer irreparable harm. View "Powell v. Ryan" on Justia Law