Jack Potter v. City of Lacey

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 17 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JACK POTTER, No. 21-35259

Plaintiff-Appellant, D.C. No. 3:20-cv-05925-RJB

v.

MEMORANDUM*

CITY OF LACEY,

Defendant-Appellee,

and

KEN SEMKO,

Defendant.

Appeal from the United States District Court for the Western District of Washington Robert J. Bryan, District Judge, Presiding

Argued and Submitted May 17, 2022 Submission Withdrawn August 18, 2022 Resubmitted October 15, 2024 Seattle, Washington

Before: WARDLAW, GOULD, and BENNETT, Circuit Judges.

Jack Potter (“Potter”), a vehicle-sheltered person, appeals the grant of

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. summary judgment in favor of the City of Lacey (“the City”) in his action

challenging the constitutionality of the City’s RV Parking1 and Permitting2

Ordinances as applied to the parking of his unmotorized 23-foot travel trailer in the

City Hall parking lot. We have jurisdiction under 28 U.S.C. §…