Wednesday, April 11, 2007

6th Circuit: Preacher's Injunction Claim Moot; But Damage Claim Can Proceed

Last week, the U.S. 6th Circuit Court of Appeals dismissed as moot an attempt by a Christian minister to obtain declaratory and injunctive relief against Ohio's Capitol Square Review and Advisory Board. In Hood v. Keller, (6th Cir., April 2, 2007), James D. Hood II challenged the requirement that he obtain a permit before preaching on the grounds of Ohio's state house. However, while the case was pending, the 6th Circuit in another case held that the permit requirements are unconstitutional. The 6th Circuit agreed with the district court that now the threat of enforcement of the permit requirement has disappeared. However, the court did remand the case for consideration of Hood's claim for damages and attorneys' fees.