Club Level, Inc. v. City of Wenatchee

MEMORANDUM

Ryan Fila and his nightclub, Club Level, appeal from the district court’s grant of summary judgment in favor of the City of Wenatchee, the Wenatchee Police Department, and several individual police officers (collectively, “the defendants”). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I

Fila argues that the defendants violated his constitutional right to pursue his occupation of choice. To prevail on such a claim, Fila must show that he was unable to pursue a career, as á nightclub operator and that such inability was due to official conduct that was “‘clearly arbitrary and unreasonable, having no substantial relation to the public health, safety, morals, or general welfare.’ ” Wedges/Ledges of Cal., Inc. v. City of Phoenix, 24 F.3d 56, 65 (9th Cir.1994) (quoting FDIC v. Henderson, 940 F.2d 465, 474 (9th Cir.1991)).

Fila has not put forth any evidence showing that he was unable to pursue his occupation of choice or that he was denied a license to operate his club, and his argument that he heed not do so is unpersuasive. See Henderson, 940 F.2d at 474 .

Moreover, even if we assumed that Fila was driven out of the nightclub industry— or if we agreed…