8th Circuit: Manchester, Missouri funeral protest ordinance violates First AmendmentPhelps-Roper v. City of Manchester, MO, No. 10-3197 (8th Cir. Oct. 5, 2011) Before MURPHY and SMITH, Circuit Judges, and READE, District Judge. Shirley and Megan Phelps-Roper brought this First Amendment challenge to a Manchester, Missouri ordinance that regulates protests near funerals. On cross motions for summary judgment, the district court considered the ordinance as originally adopted and as twice amended. It ruled in favor of the Phelps-Ropers, awarding them nominal damages and enjoining enforcement of the ordinance. The City of Manchester appeals, arguing that the Phelps-Ropers lack standing to challenge the ordinance, that the Phelps-Ropers’ challenges to earlier versions of the ordinance are moot, and that the ordinance is a constitutionally valid content neutral time, place, or manner regulation . . . Accordingly, we affirm the judgment of the district court.
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