United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

No. 23-60381 FILED December 11, 2024 ____________ Lyle W. Cayce Spring Siders, Clerk

Plaintiff—Appellant,

versus City of Brandon, Mississippi,

Defendant—Appellee. ______________________________

Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:22-CV-614 ______________________________ Before Smith, Wiener, and Douglas, Circuit Judges. Jacques L. Wiener, Jr., Circuit Judge: Plaintiff-Appellant Spring Siders sought to “share the gospel” outside of a public amphitheater in Brandon, Mississippi. The City of Brandon, De- fendant-Appellee, had passed an ordinance restricting the right to protest and/or demonstrate near the Amphitheater. Siders challenged the constitu- tionality of that ordinance, but the district court denied her request for a pre- liminary injunction. We AFFIRM. Case: 23-60381 Document: 65-1 Page: 2 Date Filed: 12/11/2024

No. 23-60381

I. Background A. Facts The City of Brandon, Mississippi (“Brandon”) owns and operates the Brandon Amphitheater, an open-air venue used for ticketed concert events, with a capacity of over 8,500. Since the opening of the Amphitheater in 2018, Brandon has been engaged in a “continuous review process” to “better provide for the efficient and safe flow of vehicular traffic and the safety of pedestrians and event attendees.” That process included recommendations from police officers, city officials, and a third-party engineering firm. It resulted in the passage of Ordinance § 50-45, which reads,

Sec. 50-45. Designating a Protest Area and Related Provisions Regarding Public Protests/Demonstrations During Events at the Brandon Amphitheater. (1) Three hours prior to the opening of the Brandon Amphitheater to event attendees for a live ticket concert event (“Event”) and one (1) hour after the conclusion of the Event, individuals and/or groups engaging in public protests and/or demonstrations, regardless of the content and/or expression thereof, are prohibited within the Restricted Area shown in Exhibit “A” attached hereto, except in the designated protest area as shown on Exhibit “A” attached hereto. (2) The Protest Area is available to individuals and/or groups during the time specified in Section (1) above, without the necessity of pre-notice or permit, subject to the following terms and conditions: (a) All individuals and/or groups shall be and remain wholly within the Protest Area while actively engaged in public protests and/or demonstrations. Vehicles are prohibited in the Protest Area; (b) The use of lasers, blinking or blinding lights, elec-

2 Case: 23-60381 Document: 65-1 Page: 3 Date Filed: 12/11/2024

No. 23-60381

tric drums, or other amplified percussion or musical instruments, or equipment except as provided herein-