Tovar v. Billmeyer

721 F.2d 1260 Joseph TOVAR and Deborah Ann Moore, Plaintiffs-Appellants, v. C.G. BILLMEYER; Melvin Morgan; F.W. "Bill" Roskelley; John Evans; Donna Boe; Wayne Ellis; and The City of Pocatello, an Idaho Municipal Corporation, Defendants-Appellees. No. 82-3258. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 3, 1983. Decided Dec. 15, 1983. James A. Shiner, Tucson, Ariz., for plaintiffs-appellants. L. Charles Johnson, Pocatello, Idaho, for defendants-appellees. Appeal from the United States District Court for the District of Idaho. Before GOODWIN, WALLACE and REINHARDT, Circuit Judges. REINHARDT, Circuit Judge: 1 The City Council of Pocatello, Idaho made two zoning decisions that prevented plaintiffs from operating their adult theater and bookstore at a newly acquired site. Plaintiffs challenged the City's action in federal district court, and the district judge granted summary judgment for defendants. The question presented on appeal is whether summary judgment is proper in a case where the City's zoning decisions may have been motivated by a desire to suppress protected first amendment expression. We hold that summary judgment is inappropriate and reverse.…