Federal judge ruling ends Cape Girardeau ban on leaflets - KFVS12 News & Weather Cape Girardeau, Carbondale, Poplar Bluff

Federal judge ruling ends Cape Girardeau ban on leaflets

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A legal challenge filed by the Traditionalist American Knights of the Ku Klux Klan against Cape Girardeau's leaflet ban now means the ordinance will no longer be enforced.

On Wednesday, U.S. District Judge John Ross ruled the preliminary injunction entered September 27 be made permanent, meaning the city no longer has the ability to enforce or threaten to enforce the portion of the litter ordinance that pertains to handbills.

On September 6, the American Civil Liberties Union filed suit against the city on TAK's behalf.

The suit challenged the portion of the city's litter ordinance that prohibits any group from putting leaflets on unoccupied vehicles.

According to the suit, Klan members planned to be in Cape September 28 to hand out flyers pertaining to their group and the group's beliefs.

On September 27, Judge Ross issued a preliminary injunction, blocking the city from enforcing the ban.

A representative of TAK told me by email members of the group did distribute handbills on the evening of September 28 in Cape, but did not say exactly where or how many.

In the consent judgement, agreed to by both parties, the city is ordered to pay $5000.00 in attorney's fees and costs to the American Civil Liberties Union of Eastern Missouri Fund.

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