Law School Case Briefs

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Patricia Johnson Michael Au France v. City of Cincinnati

Court of Appeals for the Sixth Circuit (2003) | 310 F.3d 484

3 min read

TL;DR: A city ordinance excluding individuals arrested for drug offenses from a designated neighborhood was struck down. The court found the ordinance violated fundamental rights to intrastate travel and freedom of association and was not narrowly tailored to serve a compelling government interest.

Legal Significance: This case is significant for formally recognizing a fundamental right to intrastate travel ("to travel locally through public spaces and roadways") under the Fourteenth Amendment's substantive due process protection within the Sixth Circuit, and applying strict scrutiny to a law infringing upon it.

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