Hodges

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 12 DENNIS HODGES, Case No.: 23-cv-2065 W (MSB)

Plaintiffs,

ORDER GRANTING DEFENDANT’S

v. MOTION TO DISMISS THE FIRST

AMENDED COMPLAINT

TODD GLORIA, both in his personal

WITHOUT LEAVE TO AMEND

capacity and in his official capacity as the [DOC. 8] Mayor of the City of San Diego, 18 Defendant. 19 20 Pending before the Court is Defendant Mayor Todd Gloria’s motion to dismiss the First Amended Complaint (“FAC”) under Federal Rule of Civil Procedure 12(b)(6). Plaintiff Dennis Hodges opposes. The primary issue is whether Mayor Gloria violated Hodges’s First Amendment rights by vetoing Hodges’s reappointment to a volunteer municipal board because of statements Hodges made regarding the transgender community. The Court decides the matter on the papers submitted and without oral argument. See Civ. L.R. 7.1(d.1). Because the relevant San Diego Municipal Code establishes that Hodges’s…