Norse

MEMORANDUM *

Robert Norse appeals the district court’s dismissal of his complaint under 42 U.S.C. § 1983 . The complaint alleged that his First Amendment rights were violated when he was removed from the meeting of the Santa Cruz City Council. According to the complaint, the Mayor ordered Norse’s removal from the meeting after he made a “Nazi salute” in protest of the Mayor’s ruling that the time for open comment had expired and further speakers would be out of order. The complaint further alleged that a council member observed Norse’s gesture and interrupted the proceedings to inform the Mayor. The *178 Mayor, as the presiding officer, ordered the Sergeant at Arms to remove Norse from the meeting as authorized by the rules of the Council.

Norse first challenges the procedural rules authorizing his removal as a systematic abridgment of the constitutional rights of persons appearing before the Council. He argues the rules are facially invalid. The procedural rules adopted by the council for the conduct of its meeting authorized removal by the Sergeant at Arms of any person who uses “language tending to bring the council or any council member into contempt, or any person who…