Hunt

The Venice Beach Boardwalk (the “Boardwalk”), located on the west side of Los Angeles, is world-famous for its free performances and public expression activities. Due to over-crowding, safety concerns, and to promote local businesses in the area, the City of Los Angeles (the “City”) has implemented a number of ordinances aimed at preventing vending on the Boardwalk, including Los Angeles Municipal Code (“LAMC”) § 42.15 (2004), LAMC § 42.15 (2006), and LAMC § 63.44. Although none of these ordinances is still in effect, Michael Hunt (“Hunt”) and Matthew Dowd (“Dowd”) (collectively, “Plaintiffs”), who sell items on the Boardwalk, have brought claims for damages pursuant to 42 U.S.C. § 1983 , arguing a panoply of reasons why these ordinances are unconstitutional.

The City appeals the district court’s grant of summary judgment in favor of Hunt as to LAMC § 42.15 (2004) and the subsequent damages and attorneys’ fee awards, while Plaintiffs cross-appeal the district court’s grant of summary judgment to the City as to LAMC § 42.15 (2006) and failure to consider the constitutionality of LAMC § 63.44. Based on the following, we AFFIRM the district court’s findings as to both…