United States Ninth Circuit

Grant of a preliminary injunction involving an evangelical Christian church seeking access to a public library meeting room to conduct, among other activities, religious worship services, is reversed in part and remanded where the district court erred when it found that the church was likely to succeed on the merits of its First Amendment claim and therefore abused its discretion in granting preliminary injunctive relief.

Appellate Information

• Argued 02/17/2006
• Decided 09/20/2006
• Published 09/20/2006

Judges

• PAEZ, Circuit Judge:, Before: RICHARD A. PAEZ and RICHARD C. TALLMAN, Circuit Judges, and LAWRENCE K. KARLTON, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Silvano B. Marchesi, Kelly M. Flanagan, and Danielle R. Merida, County Counsel, Martinez, CA;  Debra S. Belaga and Colleen M. Kennedy, O'Melveny & Myers LLP, San Francisco, CA, for the appellants.


• For Appellees:
  
• Benjamin W. Bull, Gary S. McCaleb, and Jordan W. Lorence, Alliance Defense Fund, Scottsdale, AZ;  Elizabeth A. Murray, Alliance Defense Fund, Washington, D.C.;  Timothy D. Chandler, Alliance Defense Fund, Folsom, CA;  Terry L. Thompson, Law Offices of Terry L. Thompson, Alamo, CA, for the appellees.