Zeleny

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MICHAEL ZELENY, Case No. 17-cv-07357-RS (TSH)

8 Plaintiff,

DISCOVERY ORDER

9 v. Re: Dkt. No. 127 10 GAVIN NEWSOM, et al., 11 Defendants.

12 13 Plaintiff Michael Zeleny wants to carry unloaded firearms during his public protests. 14 California generally bans “open carry,” but there is an exception for an “authorized participant in . 15 . . a motion picture, television or video production, or entertainment event[.]” Cal. Penal Code § 16 26375; see also id. § 26405(r). Unhelpfully, there is no statutory definition of an “authorized 17 participant,” nor a provision stating who does the authorizing. There are no governing regulations 18 either. The City of Menlo Park takes the position that an “authorized participant” must have a 19 City film or event permit. Zeleny disagrees. So, what we have here is a disagreement about a 20 matter of statutory interpretation. 21 But there is an additional layer, because if the Court rejects Zeleny’s interpretation of this 22 statutory…