8th Circuit: Pride Festival's Limits On Bible Distributions Outside Festival Booths Are Invalid

In Johnson v. Minneapolis Park and Recreation Board, (8th Cir., Sept. 11, 2013), the U.S. 8th circuit Court of Appeals, in a 2-1 decision, held that the district court should have granted a preliminary injunction to allow an Evangelical Christian to distribute Bibles at the Twin Cities Pride Festival in a downtown Minneapolis park.  The majority concluded that a regulation which limits distribution of literature to those with booths at the Festival or elsewhere in the park (or else through a materials drop area) was not narrowly tailored to further a significant governmental interest in safety or in preventing congestion, particularly since Festival sponsors were allowed to solicit contributions outside booths and near entrances to the Festival. Judge Bye dissented, arguing that "the Board's regulation was a content-neutral time, place, and manner restriction and was narrowly tailored to serve a significant government interest which also provided ample alternative channels of communication." [Thanks to Blog From the Capital for the lead.]