The Case: In 2016, the Sandy City, Utah city council adopted an ordinance making it illegal for any person “to sit or stand, in or on any unpaved median, or any median of fewer than 36 inches for any period of time.” Sandy City Traffic Code, Article 16, Section 299.1 (the Ordinance). After the Sandy City council adopted the Ordinance, PlaintiffAppellant Steve Ray Evans received four citations for violating the Ordinance when he stood on narrow or unpaved medians. Evans filed suit against the City and many of its officials under 42 U.S.C. § 1983 in the district court of Utah, alleging the Ordinance is facially invalid because it violates the First Amendment right to free speech. Evans also asked the district court to grant his request for a preliminary injunction. Write an opinion on this case using at least 3 legal test to justify your opinion on the ruling whether you believe Sandy City infringed on Evan’s First Amendment. Please do not paraphrase from judge BRISCOE, BALDOCK’s opinion.
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