Alfredo Kuba, on Behalf of Himself and All Others Similarly Situated v. 1-A Agricultural Association

Alfredo Kuba demonstrates on behalf of animal rights at the Cow Palace (“the Palace”) every year, when the circus or the rodeo is playing there. The Palace, a performance facility, located just south of San Francisco, is owned by the State of California and operated by 1-A District Agricultural Association (“the Association”).

In 1988, the Board of Directors of the Association adopted a “First Amendment Expression Policy” (“the Policy”), which prohibits individuals from demonstrating outside the Palace except in designated “free expression zones,” none of which is near an entrance to the building. Kuba maintains that these “free expression zones” do not allow demonstrators access to patrons of the Palace adequate to allow engaging in conversation or handing out leaflets. He challenged the Policy in federal district court, both facially and as applied to him, as violative of the First Amendment, the Equal Protection and Due Process Clauses of the federal constitution, and the free speech, equal protection, and due process protections of the California Constitution.

Both parties moved for summary judgment. The district court held the Policy a permissible time, place and manner…