Selina Keene v. City and County of San Francisco

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 15 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

SELINA KEENE; MELODY FOUNTILA, No. 22-16567

Plaintiffs-Appellants, D.C. No. 4:22-cv-01587-JSW

and

MEMORANDUM*

MARK MCCLURE,

Plaintiff,

v.

CITY AND COUNTY OF SAN

FRANCISCO,

Defendant-Appellee,

and

LONDON BREED; CAROL ISEN,

Defendants.

Appeal from the United States District Court for the Northern District of California Jeffrey S. White, District Judge, Presiding

Argued and Submitted April 18, 2023 San Francisco, California

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Before: CALLAHAN and BUMATAY, Circuit Judges, and BOLTON,** District Judge.

Appellants Selina Keene and Melody Fountila, two recently retired

employees of the City and County of San Francisco (CCSF), were denied religious

exemptions to CCSF’s COVID-19 vaccination requirement. Appellants filed a

lawsuit against CCSF in March 2022, claiming CCSF had violated Title VII of the

Civil Rights Act of 1964 and California’s…