Breed

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 8 SAN FRANCISCO INTERNATIONAL Case No. 20-cv-07314-JD ARTS FESTIVAL, et al., 10 Plaintiffs, ORDER RE MOTIONS TO DISMISS 11 v. Re: Dkt. Nos. 94, 100 12 LONDON BREED, et al., 13 Defendants.

15 Plaintiffs San Francisco International Arts Festival (SFIAF) and one of its affiliated artists, Nkechi Emeruwa, sued San Francisco Mayor London Breed and California Governor Gavin Newsom over limitations on public gatherings implemented in response to the COVID-19 pandemic. The flash points, per the operative complaint, were the denial of permits for outdoor performance events at Crane Cove Park in May 2021 and the Jerry Garcia Amphitheater in September 2021. Plaintiffs say they were denied these permits while other organizations were allowed to hold events at other locations throughout San Francisco. Dkt. No. 93 (TAC). Plaintiffs alleged three claims under 42 U.S.C. § 1983 against Breed on grounds of freedom of expression, equal protection, and due process. Newsom was…