Southern Oregon Barter Fair v. Jackson County, Oregon

401 F.3d 1124 SOUTHERN OREGON BARTER FAIR, Plaintiff-Appellant, v. JACKSON COUNTY, OREGON; Jackson County Board of Commissioners; Jackson County Sheriff's Department; Ric Holt; Jack Walker; Sue Kupillas; Robert Kennedy, Defendants, and State of Oregon, Defendant-intervenor-Appellee. No. 02-35560. United States Court of Appeals, Ninth Circuit. March 24, 2005. Christina Hutchins, Office of the Oregon Attorney General, Salem, OR, for Defendant-intervenor-Appellee. Before: ALARCON, RAWLINSON, and BYBEE, Circuit Judges. ORDER 1 Judges Rawlinson and Bybee have voted to deny the petition for rehearing en banc and Judge Alarcon so recommends. 2 The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc, and the matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R.App. P. 35. 3 The petition for panel rehearing en banc, filed July 21, 2004, is DENIED. 4 BERZON, Circuit Judge, with whom PREGERSON, REINHARDT, KOZINSKI, WARDLAW, W. FLETCHER, and PAEZ, Circuit Judges, join, dissenting from denial of rehearing en banc: 5 I respectfully dissent from the…