Wright

Wright v. Incline Village General Improvement District

Good Law
665 F.3d 1128·2011 WL 6760340·2011 U.S. App. LEXIS 26086
United States Court of Appeals for the Ninth CircuitDecember 27, 201110-16043California6,275 words

Opinion

Opinion

Smith, J.

With few exceptions, Defendant-Appellee Incline Village General Improvement District (IVGID) only allows people who own or rent real property within IVGID’s 1968 boundaries to access beaches that it owns and operates. Plaintiff-Appellant Frank Wright (Wright), who is excluded from the beach because he does not live within the 1968 boundaries, argues that this policy is unconstitutional under the First Amendment and the Equal Protection Clause of the Fourteenth Amendment. The district court granted IVGID’s motion for summary judgment, and denied Wright’s motion for summary judgment. We hold that the beaches are not a traditional public forum, and that Wright’s exclusion from the beaches does not violate either his First Amendment or Fourteenth Amendment rights. Accordingly, we affirm the district court.

FACTUAL AND PROCEDURAL BACKGROUND

IVGID is a general improvement district created under Chapter 318 of the Nevada Revised Statutes. See Nev.Rev.Stat. § 318.055.1. It is “a body corporate and politic and a quasi-municipal corporation,” id. § 318.015.1, with the power to “acquire, construct, reconstruct, improve, extend and better lands, works, systems and facilities for…

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