Thomas And Windy City Hemp Development Board v. Chicago Park District

534 U.S. 316 (2002)

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Nature of the Case

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Facts

D is responsible for operating public parks and other public property in Chicago. D adopted an ordinance that requires a person to obtain a permit in order to “conduct a public assembly, parade, picnic, or other event involving more than fifty individuals,” or engage in an activity such as “creating or emitting any Amplified Sound.” Applications for permits shall be processed in order of receipt,” and D must decide whether to grant or deny an application within 14 days unless, by written notice to the applicant, it extends the period an additional 14 days. Applications can be denied on any of 13 specified grounds. If D denies an application, it must clearly set forth in writing the grounds for denial and, where feasible, must propose measures to cure defects in the application. When the basis for denial is prior receipt of a competing application for the same time and place, D must suggest alternative times or places. An unsuccessful applicant has seven days to file a written appeal to the General Superintendent of D, who must act on the appeal within seven days. If the General Superintendent affirms a permit denial, the applicant may seek judicial review in state court by common-law certiorari. Ps have applied to D on several occasions for permits to hold rallies advocating the legalization of marijuana. D has granted some permits and denied others. P filed an action pursuant to 42 U.S.C. §1983 alleging D's ordinance is unconstitutional on its face. The District Court granted summary judgment in favor of the D, and the United States Court of Appeals for the Seventh Circuit affirmed. The Supreme Court granted certiorari.