William Cramer v. Kamala Harris

MEMORANDUM

Appellant William Cramer appeals the district court’s dismissal of his complaint, which challenged the constitutionality of Proposition 2, the Prevention of Farm Animal Cruelty Act, which went into effect on January 1, 2015. We review Rule 12(b)(6) dismissals and void for vagueness claims de novo. Sprewell v. Golden State Warriors, 266 F.3d 979, 988 (9th Cir.2001); United States v. Cooper, 173 F.3d 1192, 1202 (9th Cir.1999). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

For a statute to survive a vagueness challenge, it must “give [a] person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly.” Grayned v. City of Rockford, 408 U.S. 104, 108 , 92 S.Ct. 2294 , 33 L.Ed.2d 222 (1972). Additionally, the law “must provide explicit standards for those who apply them,” to prevent “arbitrary and discriminatory enforcement.” Id. Cramer’s complaint does not allege facts sufficient to state a claim that Proposition 2 is flawed in such a manner. See Eclectic Props. East, LLC v. Marcus & Millichap Co., 751 F.3d 990, 995-96 (9th Cir.2014). Proposition 2 does give people of “ordinary intelligence” a “reasonable…