In this appeal originating from Upper Makefield Township (the “Township”) in Bucks County, PA, the Third Circuit Court of Appeals rejected Appellant Dale Thorpe’s contention that the Township discriminated against him in various land use and zoning disputes based on his Native American race.
Continue readingTag: Fourteenth Amendment
In this challenge of the constitutionality of an ordinance restricting protests and picketing within 20 feet of the entrance to a healthcare facility, the Third Circuit remanded the District Court for the Middle District of Pennsylvania’s denial of a preliminary injunction. The Third Circuit found that the District Court had improperly placed the burden of demonstrating likelihood of success on the plaintiffs, rather than the municipality, as is required in First Amendment cases.
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