The plaintiff sued, after racking up over $600 in fines, from the city of Lakeland, for display of a political lawn sign that the city fathers deemed obscene. They hadn't read Cohen v. CA, obviously. This matter was long ago decided by the Supremes: a tee shirt that said "F#ck the Draft" was not obscene. And so, the court correctly ruled that this lawn sign cannot be. . . obscene. And it will cost the city a pretty penny, in legal fees, too. Here's the court's opinion -- and the original complaint at law. . . and a bit:
. . .Under Cohen v. California, 403 U.S. 15 (1971), the Plaintiff’s political sign is not obscene, and the Defendants may not lawfully regulate it based on the viewpoint it expresses.
Within 30 days of the entry of this Order, the Defendants shall reimburse the Plaintiff $688.45, which constitutes all fines, fees, costs, and expenses she has incurred for displaying her unredacted political yard sign.
The Defendants shall pay the Plaintiff nominal damages in the amount of one dollar for violating the Plaintiff’s First Amendment rights.
Pursuant to 42 U.S.C. § 1988(b), the Plaintiff shall be awarded reasonable attorney’s fees in the amount of $31,000.00 and costs in the amount of $811.75, payable to Horwitz Law, PLLC IOLTA within 30 days of the entry of this Order.
This Order constitutes the final judgment in this action pursuant to Fed. R. Civ. P. 58. All remaining claims in this litigation, and all other pending matters arising out of, regarding, or relating to this litigation, are dismissed with prejudice and/or denied as moot. The Parties also waive any right of appeal.
IT IS SO ORDERED. . . .
Now you know -- picnic dinner and bocce ball, by the lake with baby girrrls. . . grin.
नमस्ते
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