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Oklahoma City, Oklahoma v. McCraw

Certiorari Denied

Petition for certiorari denied on March 29, 2021.

Docket No.20-1049
Op. Below10th Cir.

Issue

(1) Whether the risk of death or serious bodily injury to a pedestrian sitting, standing or staying on a median in a street with a speed limit of 40 miles per hour or more constitutes a significant government interest in protecting the health and safety of pedestrians even though a pedestrian death has yet to occur; and (2) whether McCullen v. Coakley dictates that the government must, in all cases, present evidence that it actually tried and failed to utilize less burdensome alternatives, even when, considering the nature of the articulated safety interest and the scope of the ordinance, less burdensome alternatives do not exist.

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