Dehne
Dehne v. Griffin
Opinion
Lead Opinion
MEMORANDUM **
Denis E. “Sam” Dehne attended a Reno City Council meeting chaired by then-Reno Mayor Jeff Griffin. Dehne sought to speak but was instead ejected from the meeting. Dehne sued Griffin and the City, claiming that he was ejected because they did not want those present to hear what he planned to say. Griffin and the City assert that he was ejected because his behavior was disruptive. The district court granted summary judgment in favor of the defendants. We reverse.
“[Limitations on speech at [public] meetings must be reasonable and viewpoint neutral, but that is all they need be.” Kindt v. Santa Monica Rent Control Bd., 67 F.3d 266 , 270 (9th Cir.1995). Dehne asserts that Griffin ejected him from the meeting in order to prevent him from exposing Griffin’s ethical violation to those present at the meeting. If Griffin did eject Dehne for that reason, then the ejection was viewpoint discrimination and was plainly impermissible. Griffin asserts, however, that Dehne was ejected for no other reason than that he was disrupting the meeting. If Griffin is correct, then there was no viewpoint discrimination, and the ejection was permissible under Kindt.