Lincoln Club of Orange County v. City of Irvine

ORDER

The opinion filed December 20, 2001, slip op. 17087, and appearing’ at 274 F.3d 1262 (9th Cir.2001) is amended as follows:

1. At slip op. 17097-17100, 274 F.3d at 1267-1269: Delete all text beginning with the heading “Application of Strict Scrutiny to Irvine’s Ordinance” up to, but not including, the last line of the opinion.

2. At slip op. 17100-17101, 274 F.3d at 1269: Amend last line of opinion to read: “We therefore reverse the judgment of the district court and remand for consideration in light of the appropriate standard of constitutional scrutiny.”

With the opinion thus amended, the panel has voted unanimously to deny the petition for rehearing.

OPINION

The Lincoln Club of Orange County and its affiliated political action committees [“The Lincoln Club”] brought an action for declaratory and injunctive relief in the district court challenging the constitutionality of section l-2-404(B) of the City of Irvine’s [“Irvine”] Campaign Financing Law. The district court granted Irvine’s motion *936 for summary judgment. The Lincoln Club appeals. We reverse and remand.

Facts and Procedural History

Section T-2-404(B) [“the Ordinance”] of Irvine’s Campaign Financing Law…