Full opinion text
ORDER LAUGHREY, District Judge. I. Summary Plaintiffs Bill Wickersham (“Wickers-ham”) and Maureen Doyle (“Doyle”) seek a preliminary injunction so that they can distribute leaflets and circulate petitions at a Memorial Day Air Show which is to be held at the City of Columbia’s airport. Because it is likely that Doyle and Wick-ersham will be partially successful on the merits and will be irreparably harmed if an injunction does not issue, the Court will grant some but not all of the relief sought by the Plaintiffs. The Memorial Day Air Show (“Air Show”) is to be held on May 29 and 30, 2005, at the Columbia Regional Airport (“Airport”), which is owned by the City of Columbia (“City”). The Air Show consists of an aerial display viewed by the public from a designated part of the Airport tarmac. In addition to the aerial display, various booths and stationary displays are authorized to occupy the designated tarmac. The Defendant, Memorial Day Weekend Salute to Veterans Corporation (“Corporation”), does not permit any unauthorized displays or booths, but the Air Show is open to the public because the federal government will not permit the use of its planes unless the public can attend. Although the entire event is open to the public, including the designated tarmac where the public comes to watch the show, the Defendants claim that the Corporation has the authority to exclude anyone from the public crowd who does not meet its approval. To support this proposition, Defendants point to a contract between the City and the Corporation which gives the Corporation exclusive control over the designated tarmac, subject only to the City’s right to retake possession of the tarmac in the event of an undefined emergency. This contract was executed despite a City Ordinance which specifically provides that the City cannot cede control of any part of the Airport to a third party. The City and the Corporation contend that, regardless of the ordinance, the City has no power to require the Corporation to permit any free speech at the Air Show because to do so would interfere with or dilute the Corporation’s message. According to the Corporation, the message of the Air Show is to honor and remember veterans, and if any group or individual engages in any expression unapproved by the Corporation, it would violate the Corporation’s right to free speech because the Corporation does not want to be associated with anyone else’s message. The problem with the Defendants’ argument is that the City is inextricably involved in the Memorial Day Air Show and, therefore, neither the Corporation nor the City has a right to control all expression at this public event. The City runs the Airport during the Air Show and provides other necessary support such as special police, fire and sanitation resources. While the Corporation plans the order of the aerial demonstrations, the plan must be approved by the City’s Airport personnel. While the Corporation contracts with the federal government and other pilots to bring their planes to the City and pays for some to come, it simply cannot make the planes fly without the contemporaneous operation of the Airport by City personnel. Furthermore, the federal government will not even send its planes unless the City attests that the City is making the Airport available for the Air Show and it is officially supported by local government. This is not like turning over a city park to a private organization and letting them put on an event to honor and remember veterans, or to individuals for a family reunion, or even having an arts festival on all the city’s streets. Under those circumstances, the private group merely has the use of public property and, therefore, could exclude whoever they wanted even though the event is occurring on public land and open to the public. In contrast, once the city becomes a substantial, necessary and active participant in the event, it cannot rely on superficial distinctions created by contract to insulate itself from constitutional obligations. While the Corporation has 3,000 volunteers and spends about $100,000 each year for the event, it is undisputable that the Air Show could not occur without the substantial involvement of the City before, during and after the event. Because of the symbiotic relationship between the City and the Corporation, the Constitution does not permit them to exclude all unapproved expression. On the other hand, the Constitution does permit reasonable time, place and manner restrictions. Most of the Air Show is devoted to entertainment, but there are events during that Air Show which specifically recognize the sacrifices made by the current and former men and women in the armed services. During such solemn events, the Defendants can exclude leafleting, protests, petitioning, or any other speech or activity that might distract the crowd or offend those whose loved ones are being recognized. But the Defendants may not simply say that the entire Air Show is to honor and remember veterans and, therefore, any message other than ones approved by the Corporation will distract, mar or offend. Because the Court finds the Air Show to be a nonpublic forum, it is permissible for the Defendants to exclude all petitioning. The Supreme Court has permitted such restrictions in the terminal of an airport which also contained substantial other commercial activity and this is closely analogous to the event at hand. The Defendants cannot, however, exclude all leafleting. The Supreme Court and other courts have recognized in similar circumstances that leafleting cannot be prohibited. Nor can the Defendants ban all protests because such a rule is patently overbroad and vague. For example, the Defendants cannot exclude clothing which expresses a viewpoint with which the Corporation disagrees. While all First Amendment activities at the Air Show are subject to reasonable time, place and manner limitations, any rules adopted by either Defendant must be content neutral and must be uniformly enforced. For example, the Defendants cannot let in a sign which says “God Bless our Troops” and exclude a sign which says “God is Watching,” which was done in the past. Defendants do retain control over who will be permitted to fly in the Air Show and who may sell goods or have a booth at the event. The Defendants, and in particular the Corporation, have an interest in controlling who is perceived to be associated with them. A reasonable person would not think that someone handing out leaflets in a crowd represents the viewpoint of the organizers of an event absent some identifying mark. However, they could reasonably associate the Corporation with the booths and displays at the event. Just because the Corporation has entwined itself with the City, that does not mean that the Corporation’s interests are to be ignored. All three parties in this dispute are entitled to have their respective interests protected in such a way as to not interfere with the objective interests of the others. II. Facts A. Corporation’s Background Prior to the Corporation’s formation and the inception of the Air Show, the City did not have many activities to celebrate Memorial Day. When Mary McCleary Posner (“Posner”), the president of the Corporation, first moved back to Columbia in the 1980s, the Memorial Day festivities consisted of “[f]ive men gather[ing] at the Court House for five minutes of speeches. If it rain[ed], they [held] it in the garage of the funeral home.” Def. Ex. 110. To correct the situation, Posner worked with five veterans from the Korean War and they decided to have a parade and, eventually, they came up with the idea of an Ah' Show. The Corporation was officially organized in 1991 as a private not-for-profit corporation. Pl.Ex. 1. Its mission statement is: “To Honor and Remember those who served, those currently serving in our Armed Forces, Guard, Reserves, and our Allies.” Def. Ex. 110. In her deposition, Posner stated that the purpose of the Corporation was not to glorify war. Posner Dep. at 49:18-22. The Corporation sponsors two major events during the Memorial Day weekend: (1) a parade through downtown Columbia on Memorial Day, and (2) a two-day Air Show that is held at the Columbia Regional Airport. Def. Ex. 121,127. B. Air Show The Corporation’s Air Show is defined as “the aerobatic and static display of aircraft and related exhibits, a static antique automobile show together with the sale of food for consumption on the Airport grounds and entertainment events and related activities.” Pl.Ex. 5. The Air Show usually draws approximately 30,000 people. Pl.Ex. 6 and 7. The Air Show is held on a secured tarmac of the Airport, which is owned by the City of Columbia. Boston Dep. at 6:22-24. The City provides use of the Airport to the Corporation free of charge. Posner Dep. at 249:19 to 250:3. The Airport is located outside the Columbia city limits in an unincorporated area of Boone County, but is owned by the City. Boston Dep. at 6:25 to 7:10. The Air Show is open to the public and is free of charge. Def. Ex. 122. The federal government, which has provided planes and personnel for the Air Show, requires that the event be open to the public; otherwise, it will not participate. Pl.Ex. 6 and 7. On the map of the Airport contained in Plaintiffs’ Exhibit 22, the area outlined with the words “Crowd Area Static Displays” is the tarmac that the public is allowed to enter during the Air Show. PL Ex. 22. The tarmac is enclosed with a fence and there are three gates onto the tarmac from the parking area that help control ingress and egress of the crowds. Posner Dep. at 127:1^4. All three gates are open to the public during the Air Show. Pl.Ex. 26 (public map identifying three gates as Entrances to the Air Show). The tarmac is not open to the public except during the Corporation’s Air Show. Boston Dep. at 112:1-20. When the tarmac is not being used for the Air Show, airplanes park there and cargo and commercial flights arrive there. Boston Dep. at 112:1-10. During each of the two days of the Air Show, the Corporation sponsors a ceremony during the middle of the day. Annette Sanders (“Sanders”), the former volunteer media chair for the Air Show, testified at the hearing that during the ceremony, they play the national anthem, lower the flag to half staff, read the names of the 225 Boone County veterans who have died during combat, and then play Taps. During the hearing, the Corporation’s counsel stated that they used to read the names at the Boone County Courthouse ceremony at the conclusion of the parade, but they moved it to the Air Show because there is a larger crowd at the Air Show. To book the aircraft for the Air Show, the Corporation often has to pay the owners of private aircraft an appearance fee and reimburse the aircraft owners for their fuel and other expenses, including lodging, meals, and transportation costs. It also gets planes and equipment from the federal government, but pays only for the travel expenses of the government employees. In addition to aerial support from the federal government, the Corporation receives support from the Boone County Fire Department and the University of Missouri-Columbia ambulance services for emergency services. Boston Dep. 33:19 to 34:1. The University of Missouri-Columbia, the Missouri Highway Patrol, and the Boone County Sheriffs Department also provide law enforcement personnel to work security at the Air Show at no expense to the Corporation. City Police Captain, Michael Martin (“Martin”) Dep. at 74:10-25; 76:5-20. The Corporation estimates that it spends $100,000 per year to sponsor the Air Show. The Corporation has 3,000 volunteers and 65 committee chairpersons, including a board of directors who work on the Air Show and its other activities. 1. Air Show Rules The Corporation has adopted a number of rules concerning the Air Show. Some of those are found on the Corporation’s website and include: — No coolers, picnic baskets, no alcohol, no pets • — ■ No bikes, tricycles, scooters or roller blades — No smoking inside the gates — No unauthorized sales — No petitioning — No soliciting — No political campaigns Def. Ex. 122. The Corporation also communicates these spectator restrictions in its press releases and fact sheets. Def. Ex. 144 and 148. In 2003, the Corporation’s restrictions expanded to prohibit umbrellas, glass containers, and signs. PI. Ex. 4. The Corporation fleshes out its prohibitions in its Security Detail which is given to the City Police who provide security at the Air Show. Specifically, the instructions state: “No protests are permitted inside the tarmac fence. No signing of petitions for any reason, and no passing of handbills for any reason is permitted inside the tarmac. Authorized programs, and authorized handout materials on the part of exhibitors is permitted.” Pl.Ex. 29. In preparation for the 2003 Air Show, the Columbia Police Department created an intra-office security memorandum that anticipated how it would respond to protesters at the Air Show. The memorandum stated: [Protesters] are not allowed to enter onto the tarmac area and are restricted to protesting outside of the Columbia Bust Gate, noted as Gate #1 .... Should protestors attempt to enter the premises, officers will immediately advise the Command Center and will stop their forward progress .... Any person who persists in entering will be given a trespass warning prior to arrest. Keep in mind that persons are not restricted from entering, only those who intend to conduct a protest once entry is made.... Once given a trespass warning, any person who attempts to enter onto the airport property is subject to arrest. The Tarmac Supervisor and Law Enforcement Security Commander should be notified. A representative of [the Corporation] will be asked to respond. Should the person continue to refuse to obey directions the representative from [the Corporation] may request that person be arrested for trespassing and will sign the summons issued to the arrested person. Pl.Ex. 43. Also see Pl.Ex. 29 for the Columbia Police Department’s security form which is used to implement this policy. The Corporation, by its president, Mary Posner, is the ultimate arbiter of what speech is allowed to occur on the tarmac and she alone decides whether particular conduct violates the restrictions outlined above. Martin Dep. 51:21 to 52:1; PLEx. 43 (instructing officers to contact the Corporation representative in the event of protesters). Martin testified that, “if [Pos-ner] says that she does not want somebody on her property, regardless of what her reasoning is, I would ask that person to leave,” even if the reason was the person’s race or viewpoint. Martin Dep. 67:24 to 65:2. In her deposition, Posner testified that the Corporation’s restrictions on leafleting and handbills would prevent disruptions at the Air Show, debris on the tarmac, and increase the enjoyment of the public. Pos-ner Dep. 235:22 to 236:7. Posner also expressed concern that distributing information on the tarmac would cause the size of the crowd to increase; Posner Dep. 238:17-21, and “[i]t just is not an acceptable way for us to be able to honor and remember.” Posner Dep. 238:25 to 239:1. Although the Corporation restricts protest activities on the tarmac, it does not restrict activities outside the fenced area. In his deposition, Martin, who was responsible for coordinating security at the Air Show, testified that it was alright for individuals to protest or distribute leaflets or handbills anywhere outside the fenced tarmac area. Martin Dep. 117:13-21. 2. Speech Restrictions at Prior Air Shows At the 1999 Air Show, Plaintiff Doyle carried a sign around the tarmac that stated, “God Bless our Troops.” Doyle Dep. at 8:5-11. Doyle estimated that the sign was approximately two by three feet in size. Doyle did not hand out leaflets during her 1999 visit to the Air Show. Doyle Dep. 8:25 to 9:2. Doyle estimated that she walked around the tarmac with the sign in front of her for approximately ninety minutes. At the same Air Show, Steve Jacobs was refused entry onto the tarmac because he was carrying a sign that said, “God is watching.” Wickersham Dep. at 68:2-16. Wickersham testified that a City police officer tore up the sign and refused entry for Steve Jacobs. Wickersham Dep. at 68:2-16. Doyle attended the Air Show on Saturday, May 29, 2004, and tried to distribute fliers with the following quotes: Thoughts On War and Peace “We have grasped the mystery of the atom and rejected the Sermon on the Mount. Ours is a world of nuclear giants and ethical infants. We know more about war than we know about peace, more about killing that [sic] we know about living.” — General Omar Bradley “Why is it so easy for us to be willing to pick up arms and risk our lives, and so difficult to put down those same weapons and still risk our lives- — in the cause of life?” — Rams Kysia, a young Muslim-American peace activist Pl.Ex. 33. After she had distributed some leaflets, a City police officer approached Doyle and told her she could not distribute them. Doyle Dep. 23:2-4. During this interaction, the officer advised Doyle that he would arrest her if she continued to hand out leaflets. Doyle Dep. 23:5 to 26:13. The officer who approached Doyle was riding a bicycle and he was wearing a yellow t-shirt, navy blue shorts, and a bike helmet. Doyle Dep. 22:13-19. The officer was also wearing an identification badge that had the words “Columbia Police Department” on it. Doyle Dep. 27:4-11. Approximately seven additional officers subsequently arrived on the scene and they were dressed the same as the original officer who approached Doyle. Doyle Dep. 26:14-17, 26:22-23. One of the newly-arrived officers grabbed some of Doyle’s fliers out of her hands, and Doyle subsequently left the Air Show. Doyle Dep. 29:7-25. At the 2004 Air Show, Wiekersham also attempted to collect signatures for a petition for renewable energy. Wiekersham Dep. at 14:11 to 15:6; Pl.Ex. 31. Wiekers-ham would ask individuals if they wanted to sign the petition; if they refused, then he did not ask them again. Wiekersham Dep. At 16:24 to 17:4. Wiekersham was standing approximately thirty to forty yards inside the tarmac when a City police officer approached him and told him he could not circulate his petition. Wiekersham Dep. 30:10-15. The officer handcuffed Wiekersham and took him to the police department’s command post at the Air Show. Wiekersham Dep. 32:5-16. The officers at the command post confiscated Wickersham’s clipboard and issued him a citation for trespassing. Pl.Ex. 32 and 32A. Martin consulted with Posner regarding Wiekersham and Posner instructed Martin and the officers to arrest Wiekersham for trespassing. Martin Dep. at 54:5-10. Neither the police report nor Martin’s testimony at his deposition reflect that Wiekersham was being disruptive. Pl.Ex. 32A; Martin Dep. at 64:3-7. To date, the City has not prosecuted the trespassing citation against Wiekersham, but the matter is still pending. Wiekersham Dep. at 34:15-18. a. Future Speech Doyle testified that she intends to distribute leaflets again at the 2005 Air Show. Doyle Dep. at 33:5-13. Wiekersham is not sure whether he will attend the 2005 Air Show or attempt to engage in free speech activities at the 2005 Air Show. b. Speech At the Air Show By Parties Other than Plaintiffs In her deposition, Posner testified that at one of the Air Shows in the late 1990s, Posner observed a group of protesters on the tarmac who were holding a banner that Posner believed was anti-military, although she cannot remember the details of the banner. Posner Dep. 209:18 to 212:10. Posner testified that there were six individuals carrying the banner and that they were blocking the entrance onto the tarmac. Posner Dep. 209:18 to 212:10. In another incident in the late 1990s, Posner testified that there were six people on the tarmac circulating a petition against cockfighting and another issue, although Posner did not know what the other issue was. Posner Dep. 212:15 to 217:22. Pos-ner stated that some patrons of the Air Show complained to her that the circula-tors were harassing them and their families by repeatedly asking them to sign the petition and sticking clipboards in their faces. Posner Dep. 212:15 to 217:22. Posner also testified that one individual who was distributing leaflets threw the leaflets in the air and left them as trash on the tarmac when the individual was asked to leave the Air Show. Posner Dep. 221:15 to 222:6. c. Safety In his deposition, Martin could not identify any security risk that may be attendant to allowing peaceful speech activity on the tarmac. Although leaflets distributed by protesters may increase debris on the tarmac, and thereby increase the risk of harm to the aircraft, Martin acknowledged that those risks are already present because there are authorized handouts and trash on the tarmac. Martin Dep. at 70:14-19. Martin stated his only concern with free speech activity on the tarmac was the possibility of disruption or volatility due to unwanted petitioning. Martin Dep. at 44:14-19. In 2004, Martin stated that petitioning-related complaints were “minimal” and that he was aware of only the two speech-related incidents in 2004 which involved Wickersham and Doyle. Martin Dep. at 48:7 to 49:2. Boston has not witnessed any disruptions with speech-related activity on the tarmac, although he indirectly heard about the problems with petitions. Boston Dep. at 76:2 to 77:1. 3. Other Activities at the Air Show a. Vendors In addition to the aerial and static displays of the aircraft, other activities take place on the tarmac. Numerous vendors sell food, beverages, ice cream, and souvenirs on the tarmac. Pl.Ex. 26. Posner testified that there were four food and beverage tents, two ice cream vendors, and three souvenir tents, all of which are on the tarmac. Posner Dep. at 99:13-20. Civic organizations, like the Columbia Downtown Optimist Club, staff some of these vendor booths and they split the profits with the Corporation. Posner Dep. at 97:19 to 98:4. In 2004, the University of Missouri Bookstore was allowed to sell approved books on the tarmac and conduct a book signing. Posner Dep. at 96:22 to 97:12. Boy Scouts also offer souvenir programs on the tarmac during the Air Show in return for a five dollar donation. Posner Dep. at 103:6-10. b. Recruiters Armed forces recruiters staff booths on the tarmac and provide handouts to patrons of the Air Show. Specifically, recruiters from the Army, Navy, Navy Reserve, Marine Corps, Air Force, Air Force Reserve, Coast Guard, and Missouri National Guard are all on the tarmac during the Air Show at booths for their respective branch of the armed forces. Pl.Ex. 26. In addition to their recruiting booths, the recruiters from the armed forces also set up exhibits for patrons of the Air Show. Those exhibits include: an Army climbing wall, NASCAR, adventure van, and shooting gallery; a Navy Taj Mahal; Air Force Raptor and van; Marine Corps obstacle course; and multiple National Guard vehicles and pieces of equipment. Pl.Ex. 6. Plaintiffs contend that the recruiters circulated in the crowd and handed out materials, but the Court does not find sufficient support in the record for that contention. c. Rejected Activities Although the Corporation allows vendors and armed forces recruiters onto the tarmac, it does limit the presence of other organizations. For example, in March 1998, The American Legion inquired about staffing an information booth inside the tarmac during the Air Show. Def. Ex. 182. The American Legion was concerned that its organization did not have enough visibility during the Air Show. Def. Ex. 182. The Corporation rejected The American Legion’s request and wrote: “We do not allow any booths, tables or handouts at our events.... I think that you will understand that we are bombarded with requests to use the Memorial Day Weekend Salute to Veterans Celebration for other purposes than to ‘Honor and Remember’ and we say ‘no’ to all of them.” Def. Ex. 119. However, the Corporation did encourage The American Legion to staff one of the vendor booths available on the tarmac and suggested: “The civic groups are encouraged to hang their banners on the tent.” Def. Ex. 119. In her deposition, Posner testified that the Corporation receives approximately 50 to 150 requests every year from groups seeking display space on the tarmac during the Air Show. Posner Dep. at 268:17 to 269:21. Groups include the American Red Cross, a company from New York that wants to solicit bank cards from patrons of the Air Show, and the Columbia Fire Department. Posner Dep. at 268:17 to 269:21, 274:7-17. 4. The Corporation’s Advertising The Corporation produces glossy posters to hang around the City in anticipation of the Air Show. Posner Dep. at 266:15 to 267:10; Def. Ex. 120. The caption at the top of the poster states, “Memorial Day Weekend Corporation Air Show.” Def. Ex. 120. The poster does, not have the word “veteran” on it anywhere nor does it reflect that it is an event in honor of veterans. Def. Ex. 120. The Corporation distributes approximately 2,000 of these posters around the City. Posner Dep. at 266:15 to 267:10. The Corporation also develops a 30-sec-ond public service announcement for the local television stations around the City. Posner Dep. at 267:5-13. The Court does not have the content of this public service announcement. In addition to the foregoing, the Corporation produces a souvenir booklet that it provides to Air Show attendees in return for a donation. Def. Ex. 112-114. Although the brochures do not promote the Air Show in advance, they are used as promotional tools for both the Corporation and the Air Show. The cover of the 2002 booklet contains the Corporation’s full name and the phrase “A Salute To Those Who Serve, Save and Protect Us.” Def. Ex. 112. Inside the booklet, there is information concerning the Corporation’s year-round efforts for the Air Show, logistical information (i.e., parking, vendor map, etc.) for the Air Show, and advertisements for businesses in the City area. Def. Ex. 112. Some of the businesses choose to honor and salute veterans in their advertisements. For example, the McDonald’s advertisement stated, “We Salute You! Thank you for your dedication.” Def. Ex. 112 at p. 40. Another advertisement was purchased by Little Dixie Construction, L.L.C., and the advertisement stated, “A proud salute to America’s Armed Forces.” Def. Ex. 112 at p. 41. Both the McDonald’s and Little Dixie advertisements also include their company logos and, in the instance of Little Dixie, contact information for the company. While some advertisers in the brochure honor veterans with the text of their advertisement, many do not. For example, the inside back cover of the brochure was purchased by Columbia Ready Mix and it makes no mention of veterans. Def. Ex. 112. Similarly, the advertisements for Hertz and the University of Missouri Hospital make no mention of veterans or the Corporation’s goal of honoring and remembering veterans. Def. Ex. 112 at pp. 42 (Hertz) and 24 (University of Missouri full page ad). Thus, the Corporation does not require that its advertisers incorporate its mission of saluting and honoring veterans and, instead, allows advertisers to control the content of their advertisements. C. Role of the City in the Air Show The City of Columbia devotes substantial public resources to the Air Show. 1. Resolutions and Agreements The Airport is owned by the City. In 2000, 2001, 2002, 2003, and 2005, the Columbia City Council adopted resolutions authorizing Columbia’s City Manager to “execute an agreement with [the Corporation] for an Air Show to be held at Columbia Regional Airport.” PLEx. 5A-5E. The resolutions authorized the City Manager “to provide support services for the Memorial Day activities planned by [the Corporation] within the constraints of the city budget and taking into consideration the limited resources and operational duties of the various city departments.” Pl.Ex. 5A-5E. Pursuant to these resolutions, Raymond Beck (“Beck”), Columbia’s City Manager, entered into agreements with the Corporation. Under the agreements, the City granted the Corporation “exclusive control, subject to the rights of tenants and the provisions of [the agreement], to control activities taking place on the [tarmac] during the time period of the event.” PLEx. 5A-5E. However, the City has an ordinance which provides: “The city shall, at all times, maintain full control of the airport. The city shall adopt no ordinance, resolution or motion and shall make no lease or contract with any person, including the United States Government, which will impair the City’s control of such airport and its facilities-” Columbia, Mo., Ordinance § 3-3, Ord. No. 10665 (1985) (attached as PLEx. 38A). Furthermore, the City still operates normal commercial air-traffic during the Air Show period and, of course, the tower is in operation for the Air Show. Boston Dep. at 21:6-21. Boston testified that the Airport “remains open” but that the airspace “may be closed at various times due to the aerobatic events” from the Air Show. Boston Dep. at 21:19-21. Boston also testified that in the event of an emergency, the Airport tower would order the Ah' Show to be stopped. Boston Dep. at 92:8-12. Then the Air Show airplanes would clear the runway or other emergency area and Boston’s emergency crew from the Airport would respond to the emergency. Boston Dep. at 92:8-12. PLEx. 5A-5E at ¶23. 2. Planning and Coordinating Activities To conduct the Ah- Show, the Corporation must submit a Ground Operations Plan (“GOP”) to the Federal Aviation Administration (“FAA”) for approval. The GOP includes information regarding the flight restrictions, areas of access on airport grounds, hazardous material plan for the Air Show, integrity of the runway and taxiway safety areas, movement area maintenance, crowd barriers, parking for aircraft, debris control, noise, fueling of aircraft, protection of the public, authorized vehicles, and other aspects of Airport oversight. Pl.Ex. 22. For 2004 and 2005, Boston prepared the entire GOP for submission to the FAA except for the schedule of events contained therein. Pl.Ex. 22 and 27; Boston Dep. at 14:6-24. Boston and the other Airport staff incur additional job-related duties as a result of the Air Show. Boston Dep. at 62:12 to 63:8. The Corporation did not reimburse the City for any of these employees’ time spent working on the Air Show. Boston Dep. at 63:9-13. In a June 2003 memorandum to the Columbia City Council, Beck also acknowledged that “[w]hile no direct financial support comes from [the City] for [the Air Show], the city does provide some in-kind support through airport staff time.” Pl.Ex. 37. Boston’s help is undisputedly essential to the Air Show. Boston has described the Airport’s role in the Air Show as a “community partner” and as a “host.” Pl.Ex. 25C; Boston Dep. at 81:1-4. In fact, Boston stated that without the City’s support, the “Air Show couldn’t take place.” Boston Dep. at 9:8-12. In her deposition, Posner described Boston as “absolutely essential” to the Air Show’s continuation. Posner Dep. at 151:21 to 152:2. 3.Air Boss Briefings and Meetings Numerous City officials participated in the Air Boss briefings that immediately led up to and during the course of the Air Show. In his deposition, Boston estimated the Air Boss briefings took place both days of the Air Show and possibly on the Friday preceding the Air Show and the Monday immediately thereafter. Boston Dep. at 51:10-15. Specifically, Boston, the air traffic controller, an FAA representative, the City’s fire chief, and Martin all participate in the briefings. Pl.Ex. 9. In addition to the Air Boss briefings, Boston and Martin both regularly attend the Corporation’s monthly meetings to plan for the upcoming Air Show. Boston Dep. 46:8-24. 4. Transportation During the Air Show, The City helped coordinate shuttle services to and from the Airport to help alleviate parking limitations. In 2004, a City police officer arranged for a shuttle to be provided by a private organization to shuttle attendees to and from the Air Show. Martin Dep. at 73:3-6. Also in 2004, Martin was listed as a primary contact for the Air Show in an article published by The Columbia Missourian that discussed the shuttle service to the Air Show. Pl.Ex. 21. 5. Security a. Security Plan Prior to each Air Show, Martin and Boston work together to prepare a Security Plan. Under the Security Plan, Martin coordinates security for the public-access areas of the tarmac while Boston plans security for the non-public areas of the tarmac, including the airfield, taxiways, runways, and grassy areas. Boston Dep. at 36:14 to 38:15. During the Air Show, City police officers act in accordance with a Security Detail prepared by Martin, which is included as Pl.Ex. 29. The Security Detail outlines the uniform for the Air Show and specifies the rules for the Air Show, including the ban against “protesting.” PI. Ex. 29. b. Personnel The City, police coordinate security for the Air Show. Posner Dep. at 103:25 to 104:4. In his role as a Columbia police officer, Martin has coordinated and directed security at the Air Show since 2001. Martin Dep. at 10:20-24. In addition to the City police, other agencies also provide personnel for security at the Air Show, including the Missouri State Highway Patrol, the Boone County Sheriffs Department, and the University of Missouri Police Department. Martin Dep. at 74:10-25. Each of the governmental agencies that employ these security officers pay their officers out of their respective operating budgets; the Corporation provides no reimbursement for the officers’ time. Martin Dep. at 76:5-20. The City alone incurred over $15,000 in overtime compensation for providing its police officers for the Air Show, and this figure does not include time that officers committed to the Air Show during their regular work schedules. Pl.Ex. 42; Martin Dep. at 83:21-25. In addition to his other air-show-related duties, Martin annually attends the International Convention of Air Shows where he receives training and attends workshops related to Air Show security. Martin Dep. at 17:4-14. Posner and other Corporation officials also attended the Convention, but Martin was the only governmental employee to attend. Martin Dep. at 17:6-20. The Corporation pays for Martin’s expenses at the Convention, but the City pays his salary while he attends the Convention during working hours. Martin Dep. at 17:21 to 18:12. The Convention includes a session regarding First Amendment activity at Air Shows and includes information for how to handle free speech activity during Air Show functions. Martin Dep. at 19:9-24. 6.Emergency Services The City provides emergency services in the form of “crash, fire and rescue protection services, surveillance and equipment” during the Air Show. Pl.Ex. 5A-5E. Under the agreements, the Corporation does not pay for these services. Pl.Ex. 5A-5E. Boston helps coordinate the additional emergency services needed for the Air Show. Boston Dep. at 30:2-17. Some of these additional emergency services include support from the Boone County Fire Districts and the various ambulance services around the City. Boston Dep. 33:19 to 34:1. Posner testified at the hearing that the University of Missouri-Columbia provides some of its ambulances to support the Air Show. 7. Miscellaneous Services The City also provides recycling bins for the Air Show, Boston Dep. at 43:14 to 44:10; and a pavement sweeper and a driver to keep the tarmac clean. Boston Dep. at 48:6 to 49:14. It has sent out articles about the Air Show with its utility bills which go to approximately 45,000 residents. Beck Dep. at 27:9 to 29:3. Pl.Ex. 13. In 2004, the City ran a front-page article about the Corporation’s Air Show in CitySource, a City publication, but the Corporation did not pay any fee for the article to appear in CitySource. The City’s website also advertised the Air Show. In 2004, the City’s website advertised the Air Show in the section of the City’s website where residents could pay their utility bills. Pl.Ex. 30. The website invited the general public to attend the Air Show and “spend the day as we Honor and Remember our Nation’s and our Allies’ veterans, and say ‘Thank You!’ to current active duty members of our Armed Forces, members of the National Guard and Reserve and Allied Forces.” Pl.Ex. 30. Moreover, on the Airport’s official website, there is a link to the Corporation’s website. Pl.Ex. 36D. 8. Public Confusion and Sponsorship In its press releases and other materials, the Corporation tries to distance itself from the perception that the Air Show is sponsored by the City. In a 2004 Fact Sheet, the Corporation stated: “PLEASE NOTE: This event is in no way a function of or sponsored by the City of Columbia, its Chamber of Commerce, or the Columbia Convention/Visitors Bureau.” Def. Ex. 155. In a Media Advisory dated April 2003, the Corporation stated: PLEASE NOTE: Do not refer to this as the “Columbia Airshow”, “Columbia’s” Memorial Day Airshow, this “Columbia event”, “Columbia’s Memorial Day Weekend”, etc., or any other designation that would imply it is hosted, organized, or in any way produced or sponsored by the City of Columbia, Missouri. It is presented solely by [the Corporation], a registered 501(c)(3) not-for-profit corporation in the State of Missouri, which consists of 3000 volunteers and 65 volunteer committee chairmen. Media credentials are mandatory. Def. Ex. 152. The City holds itself out as a sponsor of the Air Show. To obtain federal military aircraft, the Corporation must submit specific applications to the armed forces and the FAA. In the applications, Beck signed in his official role as City Manager verifying that the Airport was available for the Air Show and that the Air Show was “officially supported by local government.” PI. Ex. 6 and 7. Assistant City Manager Hiram Watkins has denied that the City is a sponsor of the Air Show, but admitted that its relationship is “more of a partnership.” Watkins Dep. 20:16. Boston said that the Airport “hosted” the Air Show. Boston Dep. 80:19 to 81:4. III. Standard of Review — Preliminary Injunction In determining whether to grant a preliminary injunction, courts weigh four factors: (1) the probability that the movant will succeed on the merits; (2) the threat of irreparable harm to the movant; (3) the balance between the harm to the movant and any harm that granting the injunction will cause to other parties to the litigation; and (4) the public interest. Dataphase Sys., Inc. v. C L Sys., Inc., 640 F.2d 109, 114 (8th Cir.1981). In the context of First Amendment cases, courts normally assume irreparable injury because “[t]he loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury.” Elrod v. Burns, 427 U.S. 347, 373, 96 S.Ct. 2673, 49 L.Ed.2d 547 (1976) (citing New York Times Co. v. United States, 403 U.S. 713, 91 S.Ct. 2140, 29 L.Ed.2d 822 (1971)). In Iowa Right to Life Committee, Inc. v. Williams, 187 F.3d 963 (8th Cir.1999), the Eighth Circuit adopted this same approach citing with approval the above language from Elrod. Id. at 970. Regarding the public interest and balancing of harm prongs of the Dataphase factors, the court added, “[T]he potential harm to independent expression and certainty in public discussions of issues is great and the public interest favors protecting core First Amendment freedoms.” Id. Thus, because of the inherent public interest in free speech and the threat of irreparable injury if speech is suppressed, courts rarely focus on the three latter Dataphase factors; instead, they look primarily to whether the party seeking the preliminary injunction is likely to succeed on the merits. Following this precedent, the Court finds that Plaintiffs, and those similarly situated, will sustain irreparable harm if their constitutional right to speech is violated. While Wickersham has expressed ambivalence about attending the Air Show, Doyle asserts that she plans to attend to distribute leaflets and it is clear she will be subject to criminal sanctions if she does so. The public has an interest in preventing constitutional violations, particularly ones involving speech, and the rights of the City and the Corporation will only be curtailed to the extent required by law. IV. Are the Defendants State Actors When They Restrict First Amendment Activities at the Air Show? The City of Columbia is a state actor because it is a creation of the state. See O’Hare Truck Service, Inc. v. City of Northlake, 518 U.S. 712, 116 S.Ct. 2353, 135 L.Ed.2d 874 (1996). It is also treated as a person for purposes of section 1983 and, therefore, can be held liable for constitutional violations if they are caused by an official city custom or policy. Monell v. Dep’t of Social Services of New York, 436 U.S. 658, 690, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). The City, however, argues that because it only enforces the Corporation’s rules against leafleting and petitioning, it is not responsible for limiting Plaintiffs’ speech activities. The Corporation claims that because it is a private party, it has the right to control all the speech on the tarmac, just as if it were real estate owned by the Corporation. If the Corporation is a “private party” and the Air Show is held on their “private property,” then Plaintiffs have no right to speech of any kind at the Air Show. A private party has the right to prevent free speech on its property, for a good reason, a bad reason, or no reason. “One great object of the Constitution is to permit citizens to structure their private relations as they choose, subject only to the constraints of statutory or decisional law.” Edmonson v. Leesville Concrete Co., 500 U.S. 614, 619, 111 S.Ct. 2077, 114 L.Ed.2d 660 (1991). On the other hand, if the Corporation is a “state actor” when it restricts speech, then in that limited context it will be treated like the government. Lee v. Katz, 276 F.3d 550, 555 (9th Cir.2002) (“It is important to identify the function because ‘[a]n entity may be a State actor for some purpose but not for others.’”) (quoting George v. Pacific-CSC Work Furlough, 91 F.3d 1227, 1230 (9th Cir.1996)). The Supreme Court has acknowledged that the state action doctrine has not been a model of consistency, perhaps because it is so fact dependent. Brentwood Academy v. Tennessee Secondary School Athletic Ass’n, 531 U.S. 288, 295, 121 S.Ct. 924, 148 L.Ed.2d 807 (2001); Edmonson v. Leesville Concrete Co., 500 U.S. 614, 632, 111 S.Ct. 2077, 114 L.Ed.2d 660 (1991). There is no single test for determining when there is state action, particularly when the dispute involves the First Amendment. Ronald B. Rotunda & John E. Nowak, 2 Treatise on Const. L., § 16.4 n. 1 (3d ed.). See also Lee v. Katz, 276 F.3d 550, 554 (9th Cir.2002). In Edmonson, the Supreme Court held that two inquiries were paramount. First, does “the claimed constitutional deprivation[ ] result from the exercise of a right or privilege having its source in state authority-” Edmonson, 500 U.S. at 620, 111 S.Ct. 2077. Second, “whether the private party charged with deprivation could be considered in all fairness a state actor....” Id. at 620, 111 S.Ct. 2077. Relevant factors to consider are: the actor’s receipt of governmental assistance and benefits, Edmonson, 500 U.S. at 621, 111 S.Ct. 2077; whether the actor is performing a traditional governmental function, Id.; are the government and the private entity so entangled that it appears that the private entity is acting in concert with the government, Brentwood, 531 U.S. at 296, 121 S.Ct. 924; whether there is such a close “nexus” between the government and the challenged action that it is fair to treat the private actor like the state, Id. (citation omitted); does the government provide “significant encouragement either overt or covert,” Blum v. Yaretsky, 457 U.S. 991, 1004, 102 S.Ct. 2777, 73 L.Ed.2d 534 (1982); and does a private actor operate as a “willful participant in joint activity with the state or its agents.” Brentwood, 531 U.S. at 296, 121 S.Ct. 924 (citing Lugar v. Edmondson Oil Co., 457 U.S. 922, 941, 102 S.Ct. 2744, 73 L.Ed.2d 482 (1982)) (overview of factors). See also Johnson v. Rodrigues, 293 F.3d 1196, 1203-05 (10th Cir.2002) (citations omitted); Mentavlos v. Anderson, 249 F.Sd 301, 313-14 (4th Cir.2001); John Fee, The Formal State Action Doctrine and Free Speech Analysis, 83 N.C. L.Rev. 569 (March 2005). This list is not all inclusive because the state action doctrine is contextual and no single factor is necessary for there to be state action. Brentwood, 531 U.S. at 296, 121 S.Ct. 924. In Brentwood, the Court stated: What is fairly attributable is a matter of normative judgment, and the criteria lack rigid simplicity. From the range of circumstances that could point toward the State behind an individual face, no one fact can function as a necessary condition across the board for finding state action; nor is any set of circumstances absolutely sufficient, for there may be some countervailing reason against attributing activity to the government. 531 U.S. at 295-96, 121 S.Ct. 924 (citations omitted). In this case, there is evidence that the City has delegated to the Corporation functions traditionally and exclusively performed by government. The City Police are instructed by the City to report during the Air Show to the Corporation’s representative, Mary Posner, and to follow her directives. Martin Dep. 51:21 to 52:1; PI. Ex. 43 (instructing officers to contact a Corporation representative in the event of protesters). They will remove any people from the show that she tells them to exclude. The police do not exercise discretion, but instead follow her directive. Id. Of course, merely providing police protection for a civic event does not transform a private entity into a state actor. Reinhart v. City of Brookings, 84 F.3d 1071 (8th Cir.1996); United Auto Workers, Local No. 5285 v. Gaston Festivals, Inc., 43 F.3d 902 (4th Cir.1995). The purpose of the City police force is to protect all citizens of the City and police officers routinely give tickets to people who are trespassing on private property. However, the Defendants have not provided another example of the City Police Department giving any other individual or organization the broad authority delegated to Posner. While she is not “chief of police for the weekend,” as alleged by the Plaintiffs, she does have the power to direct the police, not just ask for their assistance, as is the norm for a private individual. No one can seriously contend that in other contexts it is the practice of the City police to automatically follow the directive of a private landowner without first exercising discretion. While it is true that security is not a function exclusively conducted by the government, only persons authorized by the government to arrest people have the power to physically deprive a citizen of their freedom. See Griffin v. Maryland, 378 U.S. 130, 84 S.Ct. 1770, 12 L.Ed.2d 754 (1964). There, the Supreme Court held that a security officer employed by an amusement park was a state actor because the county had made him a special deputy and gave him a badge. He worked for the amusement park and he took his directions from the amusement park, but his power to arrest came from the sheriff and, therefore, he was a state actor, because only the state has the power to arrest. In this case, that power has been delegated to Posner to exercise as she deems appropriate. Furthermore, when making that delegation of authority, the City knew that she would exercise that authority to exclude First Amendment activity and gave her contractual authority to do so. This is not a case of mere acquiescence. In Lugar v. Edmondson Oil Co., 457 U.S. 922, 102 S.Ct. 2744, 73 L.Ed.2d 482 (1982), the Supreme Court ruled that a creditor was a state actor when it took advantage of a state authorized procedure that permitted it to get a pretrial writ of attachment based solely on the creditor’s ex parte affidavit. The use of the judicial system to get the writ and the involvement of the county sheriff in executing the writ was sufficient. In Edmonson v. Leesville Concrete Co., 500 U.S. 614, 111 S.Ct. 2077, 114 L.Ed.2d 660 (1991), the Supreme Court held that a litigant who exercised a peremptory challenge was a state actor because the state gave it the power to strike a juror and then enforced the discriminatory choice when made. Similarly, in this case, Plaintiffs’ claimed constitutional deprivation occurred because the City authorized the Corporation to have exclusive control of public property knowing that the Corporation would restrict speech and then the City police automatically enforced the Defendants’ decision to exclude free expression. In Parks v. City of Columbus, 395 F.3d 643 (6th Cir.2005), the plaintiff attempted to carry a religious sign and preach at an arts festival held on a blockaded street. The event was open to the public and permitted by the city. Under those circumstances, the Sixth Circuit held that the City of Columbus committed a constitutional violation when the festival’s off duty police officer removed the preacher at the direction of the festival organizer. This was in part because the city had stated in advance that the festival organizer had complete discretion to exclude someone for exercising constitutionally protected rights. While the Defendants claim that Reinhart v. City of Brookings, 84 F.3d 1071 (8th Cir.1996), absolves both parties of any responsibility for the restrictions which have been placed on Plaintiffs’ efforts to leaflet and petition at the Air Show, Rein-hart is distinguishable. In Reinhart, the City of Brookings only was being sued by a political candidate who wanted to have a booth at an art festival that was being held on city property but organized by and under the control of a private entity. The Brookings police patrolled the festival but did not give the festival organizers the authority to direct the police. The importance of this distinction is illustrated by Reinhart’s reliance on Flagg Bros., Inc. v. Brooks, 436 U.S. 149, 157, 98 S.Ct. 1729, 56 L.Ed.2d 185 (1978), which involved a creditor who was taking advantage of a state law which permitted self help to enforce a lien. The Supreme Court noted “that respondents have named no public officials as défendants in this action .... This total absence of overt official involvement plainly distinguishes this case from earlier decisions imposing procedural restrictions on creditors remedies-” Flagg, 436 U.S. 149, 157, 98 S.Ct. 1729, 56 L.Ed.2d 185 (1978). In the case before the Court, there is overt official action and the official action is controlled by Posner on behalf of the Corporation. The importance of this distinction is shown by the Lugar case which distinguished Flagg because only self-help was involved in Flagg but the creditors in Lugar had used the power of the government to enforce its claim. In addition to satisfying the government function test, the facts also show that there is such a degree of entanglement between the City and the Corporation that it appears that the Defendants are acting in concert and thus both are state actors when they prevent all leafleting and petitioning at the Air Show. In Reinhart, the Eighth Circuit identified some of the relevant considerations: (1) Insurance coverage; (2) who provides planning, advertising, cleaning, managing and security; and (3) source of funds and benefits. Rein-hart, 84 F.3d at 1073; see also Brentwood, 531 U.S. at 311, 121 S.Ct. 924. Although the City and the Corporation claim that the Corporation has exclusive control over the Airport tarmac for the Memorial Day Weekend Air Show, it is simply not true. The Airport Manager must retain control of the whole facility in order to comply with City law. See Columbia, Mo., Ordinance § 3-3, Ord. No. 10665 (1985) (attached as Pl.Ex. 38A) (“The city shall, at all times, maintain full control of the airport. The city shall adopt no ordinance, resolution or motion and shall make no lease or contract with any person, including the United States Government, which will impair the City’s control of such airport and its facilities.... ”). Furthermore, the contract gives the Airport Manager the authority to unilaterally resume control in the event of an emergency. By analogy to property law, the City retains an easement. More importantly, the event does not just occur on the secured tarmac. The event is the Air Show, which includes both the tarmac and the aerial displays. There is no evidence that the Corporation has the ability to have these aircrafts flying in and about the Airport without the integral involvement of the Airport staff, all of whom work for the City. Even if the Corporation may decide who can come onto the designated tarmac during the event, few would come to the tarmac, but for the planes and the planes could not fly without the contemporaneous management of the Airport by City personnel. There is clearly a symbiotic relationship between the City and the Corporation. The symbiotic relationship is further proven by the fact that the federal government will not send its million dollar planes without approval of the City and the involvement of the City’s Airport personnel. Pl.Ex. 6 and 7; Posner Dep. 60:2 to 62:15. City officials recognize this interdependence when they characterize their relationship with the Corporation as a partnership. Pl.Ex. 25C; Boston Dep. 81:1-4 (stating that the City and the Airport are a “community partner” with the Corporation and that the Airport serves as a “host”). This symbiotic relationship is also evidenced by the fact that people have to be repeatedly reminded that the show is not to be referred to as the “Columbia” Air Show. Def. Ex. 148, 150, 151, 152, and 155. The fact that this confusion occurs is because of the reality of the situation. The average person would expect that an air show is sponsored by a governmental entity and not a private group when it occurs at a city airport, involves military planes and has services provided by the city, state, county, and federal governments. This appearance of state action is relevant because “[t]he recognition that certain government-owned property is a public forum provides open notice to citizens that their freedoms may be exercised there without fear of a censorial government, adding tangible reinforcement to the idea that we are a free people.” Int’l Society for Krishna Consciousness, Inc. v. Lee, 505 U.S. 672, 696, 112 S.Ct. 2701, 120 L.Ed.2d 541 (1992). In Rotunda and Novak, 2 Treatise on Const. Law, § 16.4 (3rd ed.), the authors state: “Of course, if the private actor was the agent or business partner of the government, it would be subjected to constitutional restraints. However, even though there is no partnership, these contacts may give the appearance of government action.” In addition to donating the use of its Airport to the Corporation, the City makes other in kind contributions to the event. City employees are intricately involved with the planning and coordination of the Air Show. Airport Manager Boston prepares the GOP that the Corporation submits to the FAA, he attends monthly planning meetings for-the Air Show, and he spends substantial time attending to other details of the Air Show. Boston Dep. 14:6-24 (preparation of the GOP) and 46:8-24 (monthly meetings). The City donates Boston’s time and other Airport employees’ time free of charge to the Corporation. Boston Dep. 63:9-13. Not surprisingly, Posner characterized Boston’s involvement with the Air Show as “absolutely essential” to the Air Show’s continuation. Posner Dep. 15,1:21 to 152:2. Columbia Police Captain Martin is also intricately involved with the Air Show. Martin has coordinated and directed security for the Air Show since 2001 in his role as a City employee. Martin Dep. 10:20-24. In this role, Martin develops a Security Plan for the tarmac area of the show and he distributes a Security Detail to officers who .will work security during the Air Show. Martin also attends an annual Air Show convention with the Corporation organizers, with the Corporation paying his expenses, but the City paying Martin’s salary while he is gone during working hours. Martin Dep. at 17:21 to 18:12. In addition, the City expends over $15,000 per year just in the form of overtime compensation for its officers that provide security to the Air Show. Pl.Ex. 42. Finally, the City advertises the Air Show in its official publications and on its website, and the website for the Airport contains a direct link to the Corporation’s website. PLEx. 36D. Burton v. Wilmington Parking Authority, 365 U.S. 715, 81 S.Ct. 856, 6 L.Ed.2d 45 (1961), demonstrates that the City and the Corporation are sufficiently entangled to justify the conclusion that they are state actors. There, the Supreme Court held that a restaurant that rented space in a government parking garage was a state actor when its owners refused to serve blacks. The land and building were owned by the city and rented to the restaurant. Id. at 719, 81 S.Ct. 856. The Supreme Court said: “The State has so far insinuated itself into a position of interdependence with Eagle that it must be recognized as a joint participant in the challenged activity, which, on that account, cannot be considered to have been so ‘purely private’ as to fall without the scope of the Fourteenth Amendment.” Id. at 725, 81 S.Ct. 856. The Defendants are far more interdependent here than were the city and restaurant in Burton. Yet, Defendants try to distinguish Burton by saying it only applies to racial discrimination and the lease was long term, not short term. However, the Supreme Court continues to cite Burton in cases that do not involve race discrimination, Brentwood, 531 U.S. at 311, 121 S.Ct. 924 (applying Burton symbiotic relationship test to high school athletic context); San Francisco Arts & Athletics, Inc. v. U.S. Olympic Committee, 483 U.S. 522, 556-57, 107 S.Ct. 2971, 97 L.Ed.2d 427 (1987) (applying Burton symbiotic relationship test to dispute over the use of the word “Olympic”), and Defendants have not explained why a long term versus short term lease makes a difference. In fact, a short term lease increases the risk of confusion about the City’s relationship to the Corporation because it is so transitory, the public is unlikely to recognize any change. Reinhart v. City of Brookings, 84 F.3d 1071 (8th Cir.1996), gives further support for the conclusion that there is a sufficient symbiotic relationship here to support a finding of state action. While Reinhart held that a city was not responsible for the actions of a festival organization even though the festival was on city property, the Eighth Circuit specifically noted that the festival received no funding from Brookings, was staffed by volunteers and “had sole responsibility for planning, advertising, cleaning, managing and securing the 1994 festival. Except for a Brookings police officer who patrolled the area, the committee reimbursed the city for any city employees who helped clean and secure the festival grounds.” Reinhart, 84 F.3d at 1073. In contrast, the Corporation is given access to the infrastructure of the Airport, pays for none of the extensive support provided by the City, county, state, and federal governments, and uses the City’s status to make arrangements for the actual Air Show. The City police do not merely patrol the area, as in Reinhart; they are told to comply with the directives given by the Corporation’s representative. In Chicago Acorn v. Metropolitan Pier and