Doug North, Dba Video Outlet v. City of Gilroy, a Municipal Corporation

78 F.3d 594 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Doug NORTH, dba Video Outlet, Plaintiff-Appellant, v. CITY OF GILROY, a Municipal Corporation, Defendant-Appellee. No. 94-15283. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 15, 1995. Decided Feb. 22, 1996. 1 Before: KOZINSKI and HAWKINS, Circuit Judges, and SILVER, * District Judge. 2 MEMORANDUM ** 3 1. We agree with the parties that prior restraint analysis is inappropriate in this case. See City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 46 (1986); cf. Grossman v. City of Portland, 33 F.3d 1200 , 1205 n. 9 (9th Cir.1994) (classic prior restraint case is one in which speech is totally prohibited). 4 2. We consider, instead, whether the ordinance 1 is a valid time, place and manner regulation. To succeed, North must raise a genuine issue of material fact whether the ordinance (1) was narrowly tailored to serve a substantial government interest; (2) was content-neutral; and (3)…