The plaintiffs commenced an action against a city and certain municipal officials (defendants) challenging the constitutionality of a City Code (§87). The plaintiffs asserted that §87 violated the First, Second and Fourteenth amendments to the U.S. Constitution. The defendants had moved for reconsideration of the court’s prior decision and order granting the plaintiffs’ motion for a preliminary injunction. The court denied the defendants’ motion for reconsideration.

Section 87 regulates “demonstrations,” which was defined as “pre-planned gatherings of 25 or more persons…convened for the purpose of a public exhibition including a procession, parade, protest, picket, march or rally,” on “public” property. Public property was defined as “any place to which the public has unrestricted access,” excluding indoor spaces.