Kuba

INTRODUCTION

The case involves a dispute over whether activists have a state constitutional right

to engage in expressive activities at the entrance to an amusement park located on parkland leased from a government entity. Alfredo Kuba and San Diego Animal

Advocates (collectively, Kuba) appeal a summary judgment in favor of SeaWorld, LLC

and certain of its employees (collectively, SeaWorld) on Kuba's claims for violations of

the state Constitution's liberty in speech clause (Cal. Const., art I, § 2, subd. (a)) and Civil

Code section 52.1. Kuba contends we must reverse the judgment as to his constitutional

claim because the sidewalk in front of SeaWorld's ticketing entrance is a traditional

public forum by virtue of its location within public parkland, and expressive activities

may not be banned outright in a traditional public forum. Kuba further contends we must

reverse the judgment as to his statutory claim because SeaWorld's threat to tow

demonstrators' vehicles constituted a prohibited threat of violence. We are unpersuaded

by either contention and further conclude Kuba's claims are time-barred. We, therefore,

affirm the…