Galvin v. Hay

361 F.3d 1134 Bernie GALVIN, Sister; Ken Butigan; Jeff Johnson, Rev.; Karen Oliveto, Rev., for themselves and others similarly situated, as a Class, Plaintiffs-Appellants, v. Kevin HAY, Lieut.; Hugh Irwin, Major of the United States Park Police, and the United States, Defendants-Appellees. No. 00-17425. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 17, 2002. Filed March 18, 2004. COPYRIGHT MATERIAL OMITTED Dennis Cunningham, San Francisco, CA, for the plaintiffs-appellants. Robert M. Loeb and Douglas Hallward-Driemeier, Department of Justice, Civil Division, Appellate Staff, Washington, DC, for the defendants-appellees. Appeal from the United States District Court for the Northern District of California; Charles R. Breyer, District Judge, Presiding, D.C. No. CV-99-04529-CRB. Before HUG, JR. and BERZON, Circuit Judges, and LASNIK, * District Judge. OPINION BERZON, Circuit Judge. BACKGROUND 1 On March 9, 1997, members of the advocacy association Religious Witness with Homeless People (RWHP) conducted a protest at the San Francisco Presidio National Park (the Presidio). The demonstrators opposed a plan by the National Park Service, which administers the…