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iMatter Utah v. Njord No. 13-4173, 2014 U.S. App. LEXIS 24164 (10th Cir. Dec. 22, 2014) 

Dec 22, 2014

Utah Department of Transportation’s parade permitting requirements, which include insurance and indemnification requirements, were not unconstitutional as applied even though Utah does not exempt indigent applicants from the requirements. The court held, however, that the insurance and indemnification requirements were not narrowly tailored to serve Utah’s significant public interests of promoting public safety. There was no evidence that the requirements addressed public safety or had any effect on the direct expenses Utah incurs in hosting a parade, and the requirements were not narrowly tailored to serve the state’s interest in protecting itself from liability.