Berger

I. Background

The Seattle Center is a central venue for Seattle’s civic, cultural, and social life. The Center’s roughly 80-acre expanse of public space attracts over ten million visitors annually. It 7748 BERGER v. CITY OF SEATTLE is home to Seattle’s iconic Space Needle, and to museums, sports arenas, theaters, and a performance hall. The Center’s grounds also include twenty-three acres of outdoor public park space.

In 2002, the Seattle Center’s Director issued a revised set of regulations concerning the use of the Center, known as the Seattle Center Campus Rules (“Rules”).1 Among other mat- ters, the Rules govern the use of the Center’s outdoor spaces. Five of the Rules are relevant here: Rule F.1, which requires “street performers” to obtain a permit before performing at the Center and to wear a badge displaying that permit while performing; Rule F.2, which sets forth the terms and condi- tions for acquiring a “Street Performer Permit”; Rule F.3.a, which bars street performers from “actively solicit[ing] dona- tions”; Rule F.5, which limits street performances to sixteen designated locations; and Rule G.4, which prohibits all Seattle Center visitors, other…