[KKR] [Spacer] [Spacer] FEDERAL COURT OF APPEALS AFFIRMS AIRPORT OPERATORS' ABILITY TO REGULATE SPEECH-RELATED ACTIVITIES Nazli McDonnell et al. v. City and County of Denver et al., No. 17-1071 (Jan. 4, 2018) (reversing McDonnell v. City & Cty. of Denver, 238 F. Supp. 3d 1279 (D. Colo. 2017). Yesterday, the U.S. Court of Appeals for the Tenth Circuit reversed a U.S. District Court for the District of Colorado ruling<http://kaplankirschrockwellllp.cmail19.com/t/d-l-oliktlt-pdddthkhj-r/> from last year, which granted a preliminary injunction against the City of Denver rule at Denver International Airport (DEN) that regulated protests, leafleting, and picketing. This decision affirms airport operators’ authority to reasonably regulate speech-related activities within spaces such as the terminal. Importantly, the Tenth Circuit held that an airport proprietor’s reasonable regulation does not require an exception in permit processing for exigent circumstances, and that the airport proprietor may regulate the location of those activities. While the court also vacated the injunction as it relates to both the DEN picketing ban and limitations on sign size, it is important to note that these were based on there being insufficient factual grounds in the district court record, and should not be considered precedential legal rulings. The events precipitating this case stemmed from the federal government’s “travel ban” issued in January 2017, which engendered widespread spontaneous protests at major airports around the country. The injunction issued last February required the City of Denver to “timely process” permit applications for such events, removed the airport’s discretion in choosing locations for permittees, and enjoined the bans on both “picketing” and on signs greater than a certain size. In overturning the injunction, the Tenth Circuit held that the district court had inappropriately employed principles related to traditional public forums such as parks and sidewalks, instead of non-public forums like airports. The Tenth Circuit’s ruling marks the first time a federal circuit court has held that non-public forums such as airports are not required to issue speech-related activity permits for exigent circumstances. It likewise affirms airport proprietors’ ability to determine where within such areas speech-related activities may occur. While the case could still go on to the merits phase, this ruling indicates that the court is inclined to side with airport proprietors in allowing such reasonable regulations to be enforced. Kaplan Kirsch & Rockwell publishes Airport Law Alerts to announce late-breaking developments in airport-related legislation, regulation, and policy as a courtesy for our clients and colleagues. Nothing in the Alerts is intended as legal advice and readers are reminded to contact their legal counsel if they wish legal advice on the matters that appear in our Alerts. www.kaplankirsch.com<http://kaplankirschrockwellllp.cmail19.com/t/d-l-oliktlt-pdddthkhj-y/> [Spacer] [Spacer] [KKR]<http://kaplankirschrockwellllp.cmail19.com/t/d-l-oliktlt-pdddthkhj-j/> [Spacer] [Spacer] [linkedin]<http://kaplankirschrockwellllp.cmail19.com/t/d-l-oliktlt-pdddthkhj-t/> [facebook]<http://kaplankirschrockwellllp.cmail19.com/t/d-l-oliktlt-pdddthkhj-i/> [youtube]<http://kaplankirschrockwellllp.cmail19.com/t/d-l-oliktlt-pdddthkhj-d/> [twitter]<http://kaplankirschrockwellllp.cmail19.com/t/d-l-oliktlt-pdddthkhj-h/> [Spacer] [Spacer] [Spacer] Kaplan Kirsch & Rockwell LLP 1675 Broadway, Suite 2300 Denver, CO 80202 <http://kaplankirschrockwellllp.cmail19.com/t/d-l-oliktlt-pdddthkhj-k/> Visit Kaplan Kirsch & Rockwell<http://kaplankirschrockwellllp.cmail19.com/t/d-l-oliktlt-pdddthkhj-u/> | Contact Us<mailto:info@kaplankirsch.com> | Disclaimer<http://kaplankirschrockwellllp.cmail19.com/t/d-l-oliktlt-pdddthkhj-o/> | Unsubscribe<http://kaplankirschrockwellllp.cmail19.com/t/d-u-oliktlt-pdddthkhj-b/> [Spacer] [Spacer]