Jews for Jesus, Inc. v. Port of Portland

MEMORANDUM *

Jews for Jesus, Inc., Allen Abrahamson, and Penny Abrahamson (collectively, “Appellants”) appeal a judgment in favor of defendant, Port of Portland (the “Port”), in their action challenging the Port’s policy regarding permits for free speech activities in the Portland Airport. The district court granted summary judgment in favor of the Port. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

*763 The district court’s grant of summary judgment on the constitutionality of a statute or ordinance is reviewed de novo. Menotti v. City of Seattle, 409 F.3d 1113, 1119 (9th Cir.2005). Viewing the evidence in the light most favorable to the nonmoving party, we must determine whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law. Id. at 1119-20 .

The district court correctly concluded that Appellants lack standing to bring as-applied challenges. 1 Appellants never applied for a permit to leaflet, and there is no basis in the record for the Abrahamsons’ belief that they would be arrested if they attempted to leaflet without a permit. Appellants therefore have failed to show an injury…