Leonard Porto, III v. City of Laguna Beach

MEMORANDUM

Leonard J. Porto, III, appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging constitutional violations arising from the issuance of a municipal code citation. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Manzarek v. St. Paul Fire & Marine Ins. Co., 519 F.3d 1025, 1030 (9th Cir.2008) (failure to state a claim); Arpin v. Santa Clara Valley Transp. Agency, 261 F.3d 912 , 919 (9th Cir.2001) (summary judgment). We affirm.

The district court properly dismissed Porto’s First and Fourteenth Amendment claims because Porto cannot establish that he has a constitutional right to scuba dive. See Washington v. Glucksberg, 521 U.S. 702, 727 , 117 S.Ct. 2258 , 138 L.Ed.2d 772 (1997) (the Fourteenth Amendment protects “personal activities and decisions that this Court has identified as ... fundamental to our concept of constitutionally ordered liberty”). Porto also failed to allege facts showing that defendants retaliated against him because of his longstanding criticism of lifeguards. See Pinard v. Clatskanie Sch. Dist. 6J, 467 F.3d 755, 770 (9th Cir.2006). Nor has he established that the challenged municipal ordinances are…