Freedom Foundation v. Wa State Dep't of Labor & Indu

FILED

NOT FOR PUBLICATION

MAR 7 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

FREEDOM FOUNDATION, a No. 21-35342 Washington State Nonprofit Corporation, D.C. No. 3:19-cv-05937-BJR Plaintiff-Appellant,

v. MEMORANDUM*

WASHINGTON STATE DEPARTMENT

OF LABOR & INDUSTRIES, a Washington government agency; HEATHER NORMOYLE, in her official capacity; ELIZABETH SMITH, in her official capacity,

Defendants-Appellees.

Appeal from the United States District Court for the Western District of Washington Barbara Jacobs Rothstein, District Judge, Presiding

Argued and Submitted February 10, 2022 Seattle, Washington

Before: BYBEE, BEA, and CHRISTEN, Circuit Judges.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Freedom Foundation’s canvassers were ejected from the second-floor terrace

in the Washington Department of Labor and Industries’ (L&I’s) Tumwater

Headquarters on June 27, 2019 pursuant to L&I’s Policy 5.04. Under the policy,

outside groups wishing to…