Rice

MEMORANDUM *

Chris Clifford and Jerseys All-American Sports Bar, Inc. (Jerseys) appeal the district court’s orders denying their motions for JNOV and a new trial after a jury verdict for the City of Seattle and others. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

We decline the City’s invitation to dismiss the entire appeal on the basis of an improper record, or to strike parts of Jerseys’s Excerpts of Record that have not already been withdrawn.

Most of Jerseys’s appeal turns on whether a claim having to do with the City’s failure to provide a licensing process (“license claim”) was at issue. We cannot say that it was, given that the amended complaint alleged violation of First Amendment freedom of association and Fourteenth Amendment due process rights. Because the complaint was so unclear, Judge Lasnik properly clarified that Jerseys’s due process theory was that it once had the City’s permission for “added activities,” but that the permission was improperly withdrawn. A different view of the proceedings is not required on any of the bases that Jerseys now posits. Judge Dimmick’s order simply explained Jerseys’s claim that despite having no application process,…