Bridgeport Way Community Ass'n v. City of Lakewood

MEMORANDUM *

Bridgeport Way Community Association (“BWCA”) appeals the district court’s summary judgment in favor of the City of Lakewood (“City”), Lakewood City Attorney Heidi Wachter, and Wal-Mart Stores, Inc. (‘Wal-Mart”), in BWCA’s 42 U.S.C. § 1983 suit alleging violation of its First Amendment right to freedom of speech. Because the district court correctly held that neither the City, its attorney, nor Wal-Mart violated BWCA’s right of free speech, we affirm the district court’s summary judgment.

BWCA argues that its rights to core political speech were violated when, during the course of considering Wal-Mart’s proposed zoning amendments to the City’s Comprehensive Plan, City Council members followed the City Attorney’s advice not to meet informally with individuals after the established notice and comment period had closed. The amendment process is governed by procedures set forth in the Lakewood Municipal Code. Lakewood, Wash., Mun.Code tit. 18A, ch. 02, §§ 420, 565 (2001). The Comprehensive Plan itself was adopted and implemented under the Washington Growth Management Act (“GMA”). Wash. Rev.Code § 36.70A. We agree with the district court that BWCA’s claim fails.

First,…