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Burke v. City of Charleston

139 F.3d 401 (1998)

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Burke v. City of Charleston

United States Court of Appeals for the Fourth Circuit
139 F.3d 401 (1998)

CC

Facts

Robert Burke (plaintiff) sued the City of Charleston (City) to challenge a historic-preservation ordinance invoked by the City to deny a permit to display a mural painted by Burke in the Old and Historic District of Charleston. Burke was commissioned by restaurant-owner Ron Klenk to paint a mural depicting a colorful world of fantasy creatures on an outside wall of Klenk’s building. Burke initiated work on the mural before Klenk applied for a permit from the Board of Architectural Review (BAR), which was charged with reviewing all exterior changes within the historic district. The BAR issued a stop-work order to Burke, and Klenk applied for a permit that was subsequently denied by the BAR, who claimed that the mural was garish and inappropriate for display in the historic district. Burke filed suit in district court, claiming violation of his First Amendment right to free speech and Fourteenth Amendment right to equal protection. The district court found that Burke had standing, but the court entered judgment for the City. Burke appealed the judgment with respect to his First Amendment claims.

Rule of Law

Issue

Holding and Reasoning (Davis, J.)

Dissent (Wilkinson, C.J.)

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