23 Oct 2023

In the case of a towing company that provided towing services for a southern Illinois city, IFMK Law Attorneys, Brian Funk and Jane May, prevailed on behalf of their clients, the city administrators. The plaintiffs, the towing company and its owner, were towing certain overflow cars to a residential property that was displaying a Confederate flag. The property belonged to the company owner. When city officials learned of these actions, they removed the company from the city’s rotation, citing that the display of the flag was offensive to members of the public. The Plaintiffs claimed that the city’s actions in removing them from the towing roster based on a display of the Confederate Flag violated their First Amendment right of free expression. The District Court adopted the arguments put forth by the IFMK Law attorneys, and granted summary judgment to the city defendants on the grounds that the plaintiffs’ right of expression in this case were outweighed by the city’s interest in providing effective and efficient service to the public. The matter had been previously set for trial.