David Meyberg v. City of Santa Cruz

FILED

NOT FOR PUBLICATION

AUG 17 2021

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DAVID MEYBERG; NEW SANTA CRUZ No. 20-16229

SURF SCHOOL, LLC,

D.C. No. 5:19-cv-00700-NC Plaintiffs-Appellants,

v. MEMORANDUM*

CITY OF SANTA CRUZ; CAROL

SCURICH, individually and as Director of Santa Cruz City Department of Parks and Recreation; ED GUZMAN; RICK MARTINEZ, Chief Deputy of Santa Cruz Police Department; JEFFREY AULDRIGE;

LEE BUTLER; ERIC MARLATT; ALEX

KHOURNY; DONALD TIMOTEO;

ADAM BAKER; LAURA LANDRY; JOE

GRANDA; NANCY CONCEPCION;

JACOB RODRIGUEZ; RICHARD

SUCHOMEL; CLUB ED, INC.,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California Nathanael M. Cousins, Magistrate Judge, Presiding

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Submitted July 9, 2021** San Francisco, California

Before: GRABER, MURGUIA, and LEE, Circuit Judges.

After the City of Santa Cruz refused to issue an operating permit to his…