Ballard

Ballard v. Patrick

Good Law
163 F. App'x 584
United States Court of Appeals for the Ninth CircuitJanuary 19, 2006No. 05-35049California300 words

Opinion

Lead Opinion

MEMORANDUM **

W.T. Ballard and Phillip Tussing appeal from the district court’s grant of summary judgment in favor of Sam Patrick and Clatsop County on their 42 U.S.C. § 1983 claim. The facts are known to the parties and will not be repeated here.

Ballard and Tussing alleged that two provisions of a Clatsop County Board of Commissioners’ Resolution and Order facially violate the First Amendment. The first challenged provision prohibits profane, abusive, or slanderous speech during the public comment portion of Board meetings. The second challenged provision requires persons who wish to speak during the public comment period to reveal their *585 intended topic and to agree to abide by the rules governing the public comment period. As we have previously held, city and county board meetings are limited public fora in which speech regulations “must be reasonable and viewpoint neutral, but that is all they need to be.” Kindt v. Santa Monica Rent Control Bd., 67 F.3d 266 , 270-71 (9th Cir.1995). Accordingly, the district court properly granted summary judgment on the facial claims.

The district court properly granted summary judgment on the Fourth Amendment claim. See U.S. v.…

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