Smith v. City of Mesa

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 27 2026

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

AARON SMITH, No. 25-1984 D.C. No. Plaintiff - Appellant, 2:21-cv-01012-DJH v.

MEMORANDUM*

CITY OF MESA, a political subdivision of the State of Arizona,

Defendant - Appellee.

Appeal from the United States District Court for the District of Arizona Diane J. Humetewa, District Judge, Presiding

Submitted February 2, 2026** Phoenix, Arizona

Before: CALLAHAN, OWENS, and FRIEDLAND, Circuit Judges.

Plaintiff Aaron Smith (“Smith”), a Jehovah’s Witness, filed this Title VII

lawsuit against Defendant City of Mesa (“City”) after his supervisor denied his

request for 1.5 days of leave to attend a religious event he believed was mandatory.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Smith brought claims for disparate treatment, failure to accommodate,…