Daly

*500 MEMORANDUM *

Carol A. Daly and Kathy C. Burgess appeal, individually and on behalf of others similarly situated, the district court’s summary judgment in their 42 U.S.C. § 1983 action against the City and County of Honolulu and various Honolulu officials. Daly and Burgess allege that the ordinance mandating a $3.00 user fee for non-Hawaii residents 13 years of age and older entering the Hanauma Bay Nature Preserve violates both state and federal law. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Unocal Corp. v. Kaabipour, 177 F.3d 755, 762 (9th Cir. 1999), and we affirm.

Hanauma Bay Nature Preserve is a place of rare natural beauty, a treasure to be cherished. The district court, with the assistance of able counsel for both sides, gave careful and thorough consideration to the issues now before us on appeal. Because the ordinance serves a significant public interest, does not attempt to limit expressive activity, and does not in fact restrict such activity any more than is necessary, we agree with the district court that it does not violate the First Amendment. See United States v. O’Brien, 391 U.S. 367, 377 , 88 S.Ct. 1673 , 20 L.Ed.2d 672 (1968).…