Lavery
Lavery v. City of Laguna Beach
Opinion
Lead Opinion
MEMORANDUM **
Michael Lavery appeals the district court’s orders granting summary judgment to the City of Laguna Beach and other individuals who work for the City and the City’s Police Department. We affirm in part and reverse and remand in part.
We affirm the district court’s summary judgment in favor of the City on Lavery’s First Amendment challenges. The laws at issue are content neutral. Content neutrality is judged by whether the law “distinguishes] favored speech from disfavored speech on the basis of the ideas or views expressed.... ” Foti v. City of Menlo Park, 146 F.3d 629, 636 (9th Cir.1998) (quoting Tuner Broad. Sys. v. F.C.C., 512 U.S. 622, 643 , 114 S.Ct. 2445 , 129 L.Ed.2d 497 (1994)). Here, the ordinances do not discriminate on the basis of the views expressed. See One World One Family Now v. City of Honolulu, 76 F.3d 1009 ,1012 n. 5 (9th Cir.1996).
As content neutral laws, the ordinances pass constitutional muster because they are narrowly tailored both facially and as applied. The City has a substantial interest in preventing commerce in Heisler *98 Park, maintaining its aesthetic beauty, and structuring the orderly movement of pedestrians through the park.…