An appeal in the United State Court of Appeals for the Fifth Circuit by the Louisiana Division Sons of Confederate Veterans against the City of Natchitoches was denied on July 30. The SCV appealed the district court’s grant of summary judgement dismissing claims that the City, the Historic District Business Association (HDBA) and certain individuals violated the group’s first and fourteenth amendment right of free speech and due process by denying its application to participate in the 2015 Christmas parade.
Natchitoches Mayor Lee Posey had sent a letter to the HDBA Christmas Festival Committee in November of 2015 requesting the display of the Confederate flag be prohibited in the parade. The HDBA then wrote to the SCV, denying its application to participate in the parade.
The SCV, in turn, filed suit in August of 2016 (with several amendments leading up to September of 2017) against the mayor, three City officials, and the HDBA.
In the end, the conclusion was that the SCV failed to raise a material fact dispute on its claims against the City. The mayor was not a final policymaker because he did not control the HDBA’s decision to deny the SCV’s parade application. The SCV’s claims against the HDBA were also barred by the statute of limitations.