Katz

The plaintiffs are self-described “street preachers” who brought this lawsuit in the district court under 42 U.S.C. § 1983 seeking to enjoin the defendants’ alleged violations of their First and Fourteenth Amendment rights to preach the Gospel of Jesus Christ on the Rose Quarter Commons, an outdoor area next to city-owned public facilities in the city of Portland. Only the Oregon Arena Corporation (OAC) and its general counsel, Michael Fennell, are parties in this appeal. 1 The other de *552 fendants were dismissed either voluntarily or by an order of the district court that the plaintiffs do not challenge.

The OAC leased the Commons and some of the adjacent structures from the City of Portland. In connection with its administration of the leased area, it promulgated policies regulating speech on the Commons. In general, those policies regulated the areas on the Commons where public speaking could occur, the conduct of the speaker and the volume of the speech. Because the plaintiffs violated the OAC’s public speech policy, they were excluded from the Commons for limited periods of time. That prompted this lawsuit.

After a bench trial, the district court granted judgment in favor…