Michael Hunt v. City of Los Angeles

MEMORANDUM

Michael Hunt (“Hunt”) brought this action challenging several of the City of Los Angeles’ (the “City”) ordinances aimed at preventing vending on the Venice Beach Boardwalk (the “Boardwalk”), including Los Angeles Municipal Code (“LAMC”) § 42.15 (2004), LAMC § 42.15 (2006), and LAMC § 63.44, none of which is currently in effect. This is now the parties’ second time on appeal. In the first appeal, we affirmed the district court’s summary judgment determinations that Hunt has standing to challenge LAMC § 42.15 (2004), that the ordinance is void for vagueness, and that Hunt’s claims as to LAMC § 42.15 (2006) fail. Hunt v. City of L.A., 638 F.3d 703 (9th Cir.2011). The district court did not, however, address LAMC § 63.44 in light of Hunt’s assertions at the summary judgment hearing that his claims were primarily centered on LAMC § 42.15, see Hunt v. City of L.A., 601 F.Supp.2d 1158, 1160-61 , 1161 n. 1 (C.D.Cal.2009), and the parties proceeded to trial on damages as to § 42.15 only. On appeal, we rejected the City’s limited argument that Hunt’s assertion at the summary judgment hearing constituted an abandonment of his § 63.44 claim and remanded for the district court to…