Villegas

ORDER DISMISSING DEFENDANT OFFICER D. BERGMAN FROM LAWSUIT AND GRANTING IN PART DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT

I. INTRODUCTION

Plaintiffs George Villegas, Bob Poelker, Marcelo Orta, and Don Derosiers (collectively, “Plaintiffs”) are members of the Top Hatters Motorcycle Club, a male-only motorcycle club. In 2000, Plaintiffs attended the Gilroy Garlic Festival sporting their Top Hatters Motorcycle Club vests, which are adorned with patches and pins that indicate their membership in the Club. Festival security officials, however, claimed that Plaintiffs’ vests constituted “gang colors or insignia” and, therefore, violated the Festival’s dress code policy. Festival security officials asked Plaintiffs to remove their vests, but Plaintiffs refused to comply. Festival security officials then expelled Plaintiffs from the Festival. Plaintiffs filed suit against the City of Gil-roy and the Gilroy Garlic Festival Association, Inc. (“GGFA”) (collectively “Defendants”) claiming violations of their First Amendment rights to free expression and free association under 42 U.S.C. § 1983 . (Complaint, Docket Item No. 1, ¶¶ 14, 16.) Plaintiffs also claim violations of their free speech…