June 23, 2015
OK, we keep talking about it, but in reality “nothing” has happened yet with the Frank Wagner v. Garfield Heights case at the U.S. Supreme Court.
We filed the case and said it had issues that tracked the U.S. Supreme Court case of Reed v. Town of Gilbert, AZ. And the Supreme Court agreed with that proposition, refusing to dismiss the case a the first conference, where 99% of all petitions die. But neither did they accept the case. It just was put on a pile “to be considered later.”
On Monday, the Town of Gilbert, AZ case was decided in favor of the Plaintiffs, and free speech, the same side as the Wagner case, advancing the issues on which we had won at the trial Court in that case. Thus, if the U.S. Supreme Court follows its precedent set this week, we should “win” a third time in 18 months at the U.S. Supreme Court. Nothing is guaranteed, but the signs all look good.
Well, that “later” for Wagner is this Thursday. And we are hopeful the result of that conference will be a big “Reverse and Remand” to the 6th Circuit.
We’ll keep you advised.