White

ORDER RE CROSS MOTIONS FOR SUMMARY JUDGMENT

Plaintiff Jeffrey White (“White”) moves for summary judgment pursuant to Feder al Rule of Civil Procedure 56. Defendants City of Laguna Beach, City of Laguna Beach Police Department, and Officer A. Peck (collectively, “Defendants”) cross-move for summary judgment.

I. Background

The basic factual details in this case are undisputed. Mr. White is the founder and president of an organization called Survivors of the Abortion Holocaust (“Survivors”)(White Depo. 132:5-10, 133:8-9.) Around fifty members of the Survivors, including Mr. White, participated in a demonstration at Main Beach Park in Laguna Beach, California on Saturday, July 7, 2007 at approximately 3:30 pm. (Id. 197:3-6; Nov. 20 Peck Decl. ¶¶ 3-4.) This date was in the middle of the Fourth of July weekend. The demonstrators, including Mr. White, stood on the sidewalk and held signs that measured approximately four-feet wide by five-feet tall at an angle that was perpendicular to the street. (Nov. 20 Peck Decl. ¶ 4; Complaint ¶¶ 2, 14.) Officer Peck approached some of the individual demonstrators and was directed to speak with White, who was overseeing the demonstration. (Nov. 20…