Heimbaugh

MEMORANDUM OF OPINION AND ORDER

Plaintiff, Robert Heimbaugh, appearing on his own behalf, complains that defendants, the City and County of San Francisco and its elected officials and employees, are interfering with plaintiffs softball playing at Golden Gate Park. As a consequence, plaintiff alleges that he has been deprived of his rights under the First, Fourth and Fourteenth Amendments. Plaintiff seeks both declaratory and injunctive relief as well as damages for a number of alleged torts suffered by him. The Court will treat the complaint as brought under the First, Fourth and Fourteenth Amendments pursuant to § 1983. Defendants now move for summary judgment. Defendants also seek attorneys fees pursuant to Rule 11.

The motion for summary judgment is granted. First, plaintiff does not allege any facts suggesting communicative expression or symbolic conduct sufficient to fall within the scope of the First Amendment. Second, even if plaintiffs softball playing were symbolic speech protected by the First Amendment, expression, whether oral, written or symbolized by conduct, is subject to reasonable time, place and manner restrictions. Third, plaintiff cannot claim that the City’s…