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PHELPS v. HAMILTON

No. 93-4148-SAC.

840 F.Supp. 1442 (1993)

Fred W. PHELPS, Sr., Jonathan B. Phelps, Karl D. Hockenbarger, Charles R. Hockenbarger, Timothy B. Phelps, and Margie J. Phelps, Plaintiffs, v. Joan HAMILTON, in her official capacity as District Attorney, Defendant.

United States District Court, D. Kansas.

December 23, 1993.

Attorney(s) appearing for the Case

Elizabeth M. Phelps, Phelps, Chartered, Margie J. Phelps, Topeka, KS, for plaintiffs.

Deanne W. Hay, Myron L. Listrom, Sloan, Listrom, Eisenbarth, Sloan & Glassman, Carol R. Bonebrake, Office of Atty. Gen., Topeka, KS, for defendant.

MEMORANDUM AND ORDER

CROW, District Judge.

The plaintiffs bring this latest action asking the court for declaratory and injunctive relief from criminal prosecutions arising from their anti-homosexual picketing and from certain criminal statutes which allegedly threaten their anti-homosexual picketing. The plaintiffs regularly picket outside churches and public buildings, in parks, and at funerals. They picket in opposition to homosexuality and to society...

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