Center for Bio-Ethical Reform, Inc. v. City and County of Honolulu

455 F.3d 910 CENTER FOR BIO-ETHICAL REFORM, INC.; Gregg Cunningham, Plaintiffs-Appellants, v. CITY AND COUNTY OF HONOLULU; Peter Carlisle, in his official capacity as the City and County of Honolulu Prosecuting Attorney; Boisse P. Correa, in his official capacity as Chief of Police, Honolulu Police Department, successor to Lee D. Donohue, Defendants-Appellees. No. 04-17496. United States Court of Appeals, Ninth Circuit. Argued and Submitted November 21, 2005. Filed May 23, 2006. Amended July 6, 2006. COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED Robert J. Muise, Thomas More Law Center, Ann Arbor, MI, and Robert K. Matsumoto, Honolulu, HI, for the appellants. Carrie K.S. Okinaga, Corporation Counsel, Gordon D. Nelson, Deputy Corporation Counsel, and Jon M. Van Dyke, Special Deputy Corporation Counsel, Honolulu, HI, for the appellees. Appeal from the United States District Court for the District of Hawaii; David A. Ezra, District Judge, Presiding. D.C. No. CV-03-00154-DAE. Before MYRON H. BRIGHT, * M. MARGARET McKEOWN, and RICHARD R. CLIFTON, Circuit Judges. ORDER AND AMENDED OPINION McKEOWN, Circuit Judge. ORDER 1 The Opinion filed on May 23,…