United States Ninth Circuit

In a civil rights action against the City of Gilroy and the Gilroy Garlic Festival Association, alleging First Amendment violations involving the festival's dress code, summary judgment to defendants and a holding of no state action or municipal liability are affirmed where: 1) the festival association is not a state actor; and 2) the City had no part in forming the dress code policy and it is not a constitutional violation for a police officer to enforce a private entity's rights.

Appellate Information

• Argued 12/11/2007
• Decided 09/03/2008
• Published 09/03/2008

Judges

• Before:  ALEX KOZINSKI, Chief Judge, DIARMUID F. O'SCANNLAIN, PAMELA ANN RYMER, SIDNEY R. THOMAS, M. MARGARET McKEOWN, KIM McLANE WARDLAW, RAYMOND C. FISHER, RONALD M. GOULD, RICHARD A. PAEZ, CONSUELO M. CALLAHAN, and N. RANDY SMITH, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Randolph M. Hammock, Law Offices of Richard M. Lester, Canoga Park, CA, argued the cause for the plaintiffs-appellants;  Allen Lichtenstein, General Counsel and Lee Rowland, Staff Attorney, ACLU, Las Vegas, NV, were on the briefs.


• For Appellees:
  
• Mark Strombotne, Strombotne Law Firm, San Jose, CA, and Gregory C. Simonian, Clapp Moroney Bellagamba and Vucinich, Daly City, CA, argued the cause for the defendants-appellees;  Bronwen Lacy, Strombotne Law Firm, San Jose, CA, G. Martin Velez, Clapp Moroney Bellagamba and Vucinich, Daly City, CA, and Valerie S. Higgins, Clapp Moroney Bellagamba and Vucinich, San Bruno, CA, were on the briefs.