Overview
- In a 9-0 decision written by Justice Elena Kagan, the Court revived Gabriel Olivier’s §1983 case challenging Brandon’s amphitheater ordinance.
- The justices held that Heck v. Humphrey does not bar purely prospective relief such as declaratory or injunctive orders that do not undermine a past conviction.
- Lower courts had dismissed the suit after Olivier pleaded no contest in 2021 following his refusal to move to a designated protest zone outside the venue.
- The ruling resolves a circuit split and sends the case back to lower courts to consider the First Amendment merits of the ordinance.
- Brandon maintains its restrictions were not about religion and local governments warn the decision could spur more lawsuits, while Olivier’s lawyers hailed broader access to court for public evangelism claims.