Davis
Davis v. City of Palo Alto
Opinion
lead Opinion
Aguilar, J.
ORDER DISMISSING PLAINTIFF’S COMPLAINT WITH LEAVE TO AMEND
Plaintiff Marilyn Davis brings suit against the City of Palo Alto and Mary Jo Levy, under 42 U.S.C. § 1983 , for violations of her constitutional right to free speech and assembly. Defendants bring the present Motion to Dismiss the complaint for failure to state a claim under Fed.R.Civ.P. 12(b)(6).
Defendant Levy is the Director of Libraries for the City of Palo Alto. Plaintiff Davis is the developer of “e Vote” a software program designed to enable direct democracy over the Internet. According to Plaintiff an agreement was reached between Plaintiff and Defendant Levy. Defendant Levy promised to reserve the Auditorium of the Cultural Center in Palo Alto for a speech by Plaintiff. The library further agreed to sponsor the event and cover expenses. On or about August 31, the sponsorship of the speech was withdrawn and the reservation for the Cul *1376 tural Center was canceled. Although it appears that Levy was willing to set up another date for the meeting after the details of the meeting had been more fully worked out and an understanding of the purpose and scope of the meeting was ascertained.