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|MARVIN GERBER; MIRIAM BRYSK,
HENRY HERSKOVITZ; GLORIA HARB; TOM SAFFOLD; RUBY LIST;
CHRIS MARK; DEIR YASSIN REMEMBERED, INC.; JEWISH
WITNESSES FOR PEACE AND FRIENDS; CITY OF ANN ARBOR,
MICHIGAN; CHRISTOPHER M. TAYLOR, DEREK DELACOURT,
STEPHEN K. POSTEMA, and KRISTEN D. LARCOM, in their
official and individual capacities,
| No. 20-1870|
Appeal from the United States District Court for the Eastern District of Michigan at Detroit.
No. 2:19-cv-13726—Victoria A. Roberts, District Judge.
Argued: April 27, 2021
Decided and Filed: September 15, 2021
Before: SUTTON, Chief Judge; CLAY and McKEAGUE, Circuit Judges.
SUTTON, Chief Judge. Anti-Israel protesters have picketed services at the Beth Israel
Synagogue in Ann Arbor, Michigan, every week going back to 2003, over 935 weeks in total.
Understandably frustrated with this pattern, members of the congregation sued the protesters and
the city. The district court granted the defendants’ motions to dismiss for lack of standing. We
disagree on that point, as the plaintiffs have alleged a concrete and particularized harm to a
legally protected interest. But the reality that they have standing to bring these claims does not
entitle them to relief. The key obstacle is the robust protections that the First Amendment
affords to nonviolent protests on matters of public concern. We affirm the district court’s
dismissal on that basis.