Vegan Outreach, Inc. v. Petey Chapa

MEMORANDUM **

Vegan Outreach, Inc. and Nikki Benoit (together “Vegan Outreach”) allege violations of their federal and California constitutional rights due to the Free Speech Policies issued by the Los Angeles Community College District (“LACCD”) and enforced against them at East Los Angeles College (“East”), an LACCD campus. Vegan Outreach appeals the district court’s denial of its request for a preliminary injunction and dismissal of its damages claims against Ms. Chapa by grant of qualified immunity. Because we lack jurisdiction to address the district court’s *600 qualified immunity grant, 1 we turn to the preliminary injunction. Vegan Outreach does not satisfy the criteria for standing to seek a preliminary injunction against Ms. Chapa, and, consequently, we dismiss its appeal and remand the case to the district court for further proceedings in accordance with this disposition.

We have jurisdiction over appeals of preliminary injunction decisions under 28 U.S.C. § 1292 (a)(1). Regardless of whether the issue is properly raised by the parties, we are “obliged” to evaluate standing as a threshold requirement under Article III. Columbia Basin Apartment Assn. v. City of Pasco,…

dissenting:

I respectfully disagree that the plaintiffs lack standing to bring suit to enjoin Chapa. Plaintiffs allege that Chapa personally violated their First Amendment rights by enforcing the College’s speech policies, and they seek to enjoin her from doing so again. The fact that plaintiffs did not also sue other possible defendants for their respective roles in the incident reflects on plaintiffs’ tactics, not their standing. I would reach the merits just as the district court did, and would affirm the denial of a preliminary injunction for the reasons stated by the district court.

FILED

NOT FOR PUBLICATION OCT 20 2011

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S . CO U RT OF AP PE A LS

FOR THE NINTH CIRCUIT

VEGAN OUTREACH, INC., et al., No. 10-56991

Plaintiffs-Appellants, D.C. No. 2:10-cv-06525-GW-JCG

v.

MEMORANDUM *

PETEY CHAPA, et al.,

Defendants-Appellees.

Appeal from the United States District Court for the Central District of California George H. Wu, District Judge, Presiding

Argued and Submitted October 14, 2011 Pasadena, California

Before: SILVERMAN and WARDLAW, Circuit Judges, and SESSIONS, District Judge.**

Vegan Outreach, Inc. and Niµµi Benoit (together 'Vegan Outreach') allege

violations of their federal and California constitutional rights due to the Free

Speech Policies issued by the Los Angeles Community College District

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable William K. Sessions, III, District Judge for the U.S. District Court for Vermont, Burlington, sitting by designation. ('LACCD') and enforced against them at East…