The National Council of Women's Organizations staged a protest at the 2003 Masters at Augusta National Golf Club because the club has no female members. City officials moved the protestors almost a mile away from the club because of safety concerns.
Burk, the head of the Council of Women's Organizations, sued claiming that the decision to move the picketers was based on their views, not on safety concerns. At the heart of her action was an ordinance passed a week before the scheduled demonstration. It said that a permit was required for any assembly of five or more people.
By a vote of 2-1, a three-judge panel of the 11th U.S. Circuit Court of Appeals agreed with Burk and said the ordinance was illegal.
An appeal was made, but the 11th Circuit Court refused to hear the case.