Caltrans

FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 27 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

WHERE DO WE GO BERKELEY; KEVIN No. 21-16790

CODDINGTON; JOSE MORFIN;

JONATHAN JAMES; KINNDRA D.C. No. 3:21-cv-04435-EMC

MARTIN; MARIAH JACKSON; SHAWNA

GARCIA; ALHONDRO MYERS; RONNIE

BROOKS; TERRY LEE WALKER; JASON OPINION

MILLER; SARAH TEAGUE,

Plaintiffs-Appellees,

v.

CALIFORNIA DEPARTMENT OF

TRANSPORTATION; TOKS

OMISHAKIN, individually and in his official capacity as Director of Caltrans; DINA EL-TAWANSY, individually and in her official capacity as Director of District Four,

Defendants-Appellants.

Appeal from the United States District Court for the Northern District of California Edward M. Chen, District Judge, Presiding

Argued and Submitted April 15, 2022 San Francisco, California

Before: Jay S. Bybee and Ryan D. Nelson, Circuit Judges, and Susan R. Bolton,*

* The Honorable Susan R. Bolton, United States District Judge for the District of Arizona, sitting by designation. District Judge.

Opinion by Judge R. Nelson

R. NELSON, Circuit Judge:

We are asked to decide what the…