James

ORDER

GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

This matter comes before the Court on the motion of defendant City of Long Beach (the “City”) for summary judgment. The City contends that the plaintiffs have failed to raise a triable issue of fact as to the existence of a constitutional violation in their ejection from a minor league baseball game at Blair Field, a public park in Long Beach.

I. BACKGROUND

A. Factual Background

Plaintiff Christopher Gibbs (“Gibbs”) is the former owner of the Long Beach franchise of the Western Baseball League. (Gibbs Decl. ¶ 3.) During Gibbs’s ownership, which ended in 1995, the franchise was known as the Barracuda. (Def.’s Req. for Judicial Notice (“DJRN”) Ex. 1.) The Barracuda played in Blair Field, under a permit issued by the City. (Id.) In August 1995, the City revoked Gibbs’s permit.

In 1996, the City issued a permit to Western League, Inc. (“Western League”) and P & P Sports Enterprises, Inc. (“P & P”) to allow their minor league franchise, the Long Beach Riptide, to play at Blair Field. (Def.’s UF ¶ 2.)

Paula Pyers is part owner and the general manager of P & P. (Pyers Decl. ¶ 2.) Patrick Elster is part owner and president of P…