George Villegas, Bob Poelker, Marcelo Orta, and Don Derosiers v. City of Gilroy, and Gilroy Garlic Festival Association, Inc.
Opinion
Opinion
Covello, J.
This is an action for damages alleging violations of the plaintiffs’ First Amendment constitutional rights incident to their exclusion from a garlic festival. It is brought pursuant to 42 U.S.C. section 1983 , and article I, section 2 of the state of California’s constitution and California’s civil rights act, section 51 et seq. of the California Civil code. George Villegas and others, members of the Top Hatters Motorcycle Club (hereinafter “plaintiffs”), appeal the district court’s grants of summary judgment in favor of the City of Gilroy (“City”) and the Gilroy Garlic Festival Association (“GGFA”), on the plaintiffs’ claims brought pursuant to 42 U.S.C. section 1983 .
The issues presented are: 1) whether the act of wearing vests adorned with a common insignia is sufficient to establish a violation of the First Amendment’s right to freedom of expression; and 2) whether the plaintiffs here otherwise engaged in sufficient expressive activity to establish a violation of the First Amendment’s right to freedom of association. For the reasons hereinafter set forth, we affirm the decision of the district court.