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Musician’s Challenge to Houston Busking Ordinances Reinstated

Sept. 10, 2021, 8:50 PM

The city of Houston will again face a challenge to its busking ordinances, after the Fifth Circuit on Friday found the threat of future enforcement is enough injury for a street musician to proceed with his claims.

The ordinances ban “playing of bands” on streets and other public places except “street performers” in the Theater District who obtain a permit. Anthony Barilla sued, claiming the laws violated his First Amendment right to free expression.

A lower court was wrong to dismiss Barilla’s suit for lacking an injury in fact, the U.S. Court of Appeals for the Fifth Circuit said.

Barilla ...