State loses fight over controversial billboard
BATON ROUGE- Federal judge Shelly Dick denied a request by the State of Louisiana to force a political group to remove billboards featuring similar designs as the state's tourism ad campaign.
A billboard for MoveOn.org criticizing the governor's decision not to expand Medicaid. Some 242,000 are denied health care because of it, the group argues.
The ad features a play on on the state's "Pick Your Passion" tourism message. Lt. Gov. Jay Dardenne took the group to court in an attempt to have it removed.
In her ruling, Dick wrote "the State has not demonstrated a substantial likelihood of prevailing on its burden of proving confusion by viewers of the billboard. Furthermore, the State has failed to demonstrate a compelling reason to curtail MoveOn.org's political speech in favor of protecting of the State's service mark. Finally, the State failed to demonstrate that injunctive relief is required to ameliorate irreparable injury. There has been no showing of irreparable injury to the State."
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