Agenda Packets - 1986/05/19 - Laserfiche WebLink

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- 14 - use the right-of-way. This allepatlon, if true, would ' mean that TCI's First Amendment rights had been lafringed even if the property was no: a public forum, for the government may not place unreasonable restrictions on speech even in nonforume. On property that is a public forum, the government may restrict speech just to serve sigrificant (if content neutral) or compelling (if not content - neutral) interests. Perry Education Assn v. Ferry Local Educators' Ass n, 461 U.S 17 (1983). The Court also held that the district court had erroneously dismissed TCI's Fifth Amendment claim, at least insofar as its equal protection portion, if not the takings clause component. The Court, however, affirmed the dismissal of TCI's antitrust claim. case. A petition for certiorari was not sought in this C. The Nicovill• Florida Case In February 1980, the City Council of Nicevllle, Florida granted Warner Amex Cable Communications, Inc. (hereinafter "Warner Amex") ■ 15-year franchise for ' the conatruction and operation of a cable television. system. Last October, the Council enacted an ordinance authorizinq the City to construct and operate a competir9 cable system. Warner Amex filed suit asking for injunctive and declaratory relief against the enforcement And implementation of the ordinance, and seeking, damages (including punitive damages), attorneys' fees and coats. Warner Nsex Cable Communications Inc. v. city of Nicevllle, No. PCA 95-4414 RV (N.D. Fla. filed Nov. 8, 1985). Warner Amex alleges that the ordinance infringes its First Amendment rights; is unconstitutionally overbroad; violates due process; would violate the Cable Act by permitting the City to exercise editorial control over the content of serlicas provided over the municipal system; and violates the Florida State Constitution and Codes in that the cable system would not serve a municipal purpose and is not a project for which the City is authorized to issue revenue bonds. The City has filed an answer, and discovery is proceeding. The dates for argument have net been set.