Khalil

I. FACTS AND PROCEDURAL BACKGROUND4

Plaintiffs, born and raised in the United States, are Muslim. They were each wearing hijabs on the day in question. Khalil and her younger sister Maryam are of Palestinian descent. Khalil and Warrick are in their 20s, Maryam is a teenager, and all three of them are small in stature. On the afternoon of October 12, 2023, plaintiffs met friends at the sand dune located near the Sand City exit of Highway 1. The sand dune is known locally as “ ‘Scribble Hill’ ” because it is a popular spot to engage in public forms of expression. Plaintiffs’ friends had written “ ‘Free Gaza’ ” on the sand dune using sticks, shrubs, and plant debris. After their friends departed, plaintiffs stayed and changed the message to “ ‘Free Palestine’ ” to draw attention to “escalating events in the occupied West Bank.” Steiner was riding his bicycle on the path and saw three individuals assembling a large “ ‘Free Palestine’ ” sign using seaweed, sticks, and driftwood near the top of the dune. Steiner is a military veteran and former Congressional candidate who at the time was stationed at the Presidio of Monterey. Steiner stopped his bicycle at the bottom of the dune.…