Riley's American Heritage Farms v. James Elsasser

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 24 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

RILEY’S AMERICAN HERITAGE No. 23-55516 FARMS, a California corporation; JAMES PATRICK RILEY, an individual, D.C. No. 5:18-cv-02185-JGB-SHK Plaintiffs-Appellants,

v. MEMORANDUM*

JAMES ELSASSER; et al.,

Defendants-Appellees,

and

CLAREMONT UNIFIED SCHOOL

DISTRICT,

Defendant.

Appeal from the United States District Court for the Central District of California Jesus G. Bernal, District Judge, Presiding

Submitted April 3, 2024* Pasadena, California

Before: R. NELSON, VANDYKE, and SANCHEZ, Circuit Judges. Dissent by Judge SANCHEZ.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. This case asks whether the Claremont Unified School District (CUSD)

violated the First Amendment rights of Riley’s American Heritage Farms and its

owner, James Riley (collectively the Riley’s Plaintiffs). Following parental

complaints about the farm…