UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
MICHAEL ZELENY,
Case No. 17-cv-07357-RS Plaintiff, 11 v. ORDER DENYING MOTION TO DISMISS AND GRANTING AS XAVIER BECERRA, et al., MODIFIED MOTION FOR ATTORNEY'S FEES Defendants.
I. INTRODUCTION After Michael Zeleny obtained judgment against the city of Menlo Park for its unconstitutionally vague permitting process, the city moved to dismiss his claim for lack of standing. Although the city argues he lacks standing because his protest did not require a Special Event Permit (“SEP”), the record shows he has standing. The published criteria for a SEP describe his protest, and the Police Chief has at times spoken of the SEP process as applying to him. It also seems the city believes a SEP does not apply only if Zeleny protests unarmed, which is contrary to his desires. Further, he challenges the SEP process as a prior restraint, which…