City Files Motion to Dismiss Robert Groden's Suit, Then Withdraws Pending a Conference Call

After the jump is the city's 25-page motion to dismiss the lawsuit filed by Robert Groden on June 30, in which alleges, among myriad other things, that the city and the Dallas police are harassing him and violating his First Amendment rights because they won't let him sell his conspiracy-theory-pushing magazines and DVDs at Dealey Plaza. Though it's a lengthy doc, it can, perhaps, be boiled down to these two sentences found on Page 9 of the pleadings:

A City may prevent its parks and common places from being used by any citizen or class of citizens for conducting any kind of commercial activity. ...The City's content-neutral prohibition of sale of merchandise at Dealey Plaza is a permissible restriction of commercial activity.

That was filed on Wednesday, but it was withdrawn yesterday -- because, in District Judge Royal Furgeson's court, before a party can file a motion to dismiss, they have to have a conference call with the other party's attorney during which they try to work things out. According to a doc filed by the city, however, "Counsel were unable to resolve these issues." The judge now wants a letter, no longer than three pages, explaining why the heck not. If he's satisfied, the city can refile its motion. Last I heard a hearing was still on for August 25.


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