Villegas

FACTS

Examination of the complaint, pleadings, exhibits accom- panying the motion for summary judgment, and the responses thereto, and the testimony submitted to the district court dis- closes the following undisputed material facts.

On July 28, 2000, the Gilroy Garlic Festival (hereinafter “festival”) opened. On July 30, 2000, the plaintiffs, members of a motorcycle club, paid admission and entered the festival grounds. The festival promoted the vegetable garlic and offered many varieties of food and entertainment in a family- friendly atmosphere. The GGFA put on the festival from July 28, 2000, through July 30, 2000, at a public park in the city of Gilroy, California. At the time they entered the festival, the plaintiffs were wearing identical vests adorned with patches. The patches on the back of the vests depicted a skull with wings and a top hat. The vests also included the words “Top Hatters” above the top hat, skull and wings and the word “Hollister” below.4 The festival promoters had adopted an unwritten festival dress code which provided that persons attending the festival not be permitted to wear gang colors or other demonstrative insignia, including motorcycle club…