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United States Ninth Circuit


Santa Monica Nativity Scenes Committee v. City of Santa Monica, 13-55011

In a suit by a group seeking to continue the decade-old practice of exhibiting nativity scenes during the month of December in Palisades Park, Santa Monica, challenging the constitutionality of Santa Monica's Ordinance No. 2401, which repealed an exception to the city's general ban on "unattended displays" in its parks, the district court's dismissal of the suit is affirmed where: 1) the repeal was a content-neutral time, place, and manner regulation, and the heckler's veto had no application in this case; and 2) plaintiffs' Establishment Clause claim was without foundation.

Appellate Information

  • Decided 04/30/2015
  • Published 04/30/2015

Judges

  • Bybee

Court

  • United States Ninth Circuit

Counsel

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