Harry's Cocktail Lounge, Inc., a California Corporation Paul Bailey, an Individual Denise Bailey, an Individual Vincent Molino, an Individual Joan Bailey, an Individual v. Brook McMahon Individually and in His Official Capacity as Chief of Police of Pismo Beach, California Scott Smith, Individually and in His Official Capacity as a Police Officer Employed by the Police Department of Pismo Beach, California Mark Stewart, Individually and in His Official Capacity as a Police Officer Employed by the Police Department of Pismo Beach, California City of Pismo Beach, California, a Municipality Dick Morrow, in His Official Capacity as Mayor of Pismo Beach, California, and Member of the Pismo Beach City Council Michael Fiorentino, Individually and in His Official Capacity as a City Councilman of Pismo Beach, California Tim Bittner, in His Official Capacity as a City Councilman of Pismo Beach, California Jim Maroney, in His Official Capacity as a City Councilman of Pismo Beach, California Robert M. Jones, Individually and in His Capacity as a Police Officer Employed by the City of Pismo Beach, California

103 F.3d 138 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. HARRY'S COCKTAIL LOUNGE, INC., a California corporation; Paul Bailey, an individual; Denise Bailey, an individual; Vincent Molino, an individual; Joan Bailey, an individual, Plaintiffs-Appellants, v. Brook McMAHON, individually and in his official capacity as Chief of Police of Pismo Beach, California; Scott Smith, individually and in his official capacity as a police officer employed by the Police Department of Pismo Beach, California; Mark Stewart, individually and in his official capacity as a police officer employed by the Police Department of Pismo Beach, California; City of Pismo Beach, California, a municipality; Dick Morrow, in his official capacity as Mayor of Pismo Beach, California, and member of the Pismo Beach City Council; Michael Fiorentino, individually and in his official capacity as a City Councilman of Pismo Beach, California; Tim Bittner, in his official capacity as a City Councilman of Pismo…