The Town of Grand Isle just settled Ross Brunet’s lawsuit against it, agreeing that
1. Plaintiff was wrongfully cited for engaging in constitutionally protected speech of flying flags with political messages.
2. Defendants … agree to cease interfering with Plaintiff’s right to fly flag(s) with the word “F**k” on them.
3. Defendant, Town of Grand Isle agrees to repeal Grand Isle Ordinance 1012 by October 20, 2023.
The ordinance, which I think was clearly unconstitutional under Cohen v. California (1971) (which reversed a conviction for wearing a jacket that said “Fuck the Draft”), provided, in relevant part:
Signs on vehicles shall not contain language deemed offensive and vulgar nor obscene in nature and cannot contain language that describes a sex act. It shall be unlawful for any vehicle to operate on Highway 1, any public roads or public areas and the Grand Isle Beach that bears a temporary sign described above herein.
It also agreed to pay $40,000 in damages and attorney fees. You can see the Complaint here; plaintiff is represented by Katie M. Schwartzmann, Virginia Hamrick, and students
Elana Beiser and Gabriela Chilingarova, all of the Tulane First Amendment Law Clinic.
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