KENNETH LUCERO v. WAYNE A. EARLY; MAYOR AND CITY COUNCIL OF BALTIMORE;BALTIMORE CITY POLICE DEPARTMENT
US Court of Appeals for the Fourth Circuit, Thacker, Oct. 13, 2017,
Protests- The Fourth Circuit’s 2014 decision regarding Baltimore’s circus-protest protocol did not decide that the protocol was constitutional or content-neutral. Case sent back to district court for further litigation.

Facts:
During the years up to and including 2010, Baltimore City’s legal department circulated an e-mail setting out a protocol for police to follow regarding protests at the circus.
The key part of the protocol required protesters to stay in certain areas around the Arena and to be warned prior to arrest.
In 2010, Lucero was leafleting to protest the circus performance outside of the “protest area.” Lucero was given a warning by Officer Early, but failed to comply. Lucero was then placed under arrest by Officer Early and subsequently released without charge.
Lucero filed suit against Officer Early, the BPD, and Baltimore City.
Lucero’s claim was that the protocol and its enforcement infringed on his First Amendment right to free speech.
The City and BPD moved to dismiss this case, arguing that in 2014 the 4th Circuit upheld the constitutionality of the protocol in Ross v. Early (where Officer Early had previously been sued after following the same protocol).
The district court dismissed the case and Lucero appealed, arguing that the 2014 decision didn’t decide this case.

Held:
The Fourth Circuit agreed. The 2014 case was decided based on an agreement by both sides that the protocol was content-neutral. In this case, Lucero argued that the policy specifically targeted circus protests and wasn’t used for all protests. The case was sent back to district court to decide.