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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA TATOMA, INC., a California Case No.: 3:21-cv-098-BEN-JLB Corporation, DBA Atelier Aucoin Salon 14 et al., ORDER Granting Defendants’ Motions to Dismiss Plaintiffs,

16 v. [ECF Nos. 16, 31, 34] 17 GAVIN NEWSOM, in his official capacity as Governor of California, et al., Defendants. 20 “[B]inding authority is very powerful medicine.” Hart v. Massanari, 266 F.3d 1155, 1171 (9th Cir. 2001). While it was not the case when the Complaint was filed, there is now binding authority that Plaintiffs’ constitutional claims are dead. Because a lower court may not disregard binding authority even if it would decide the issue differently, the case is dismissed. Id. at 1175 (“A district court bound by circuit authority . . . has no choice but to follow it, even if convinced that such authority was wrongly decided.”). 28 I. BACKGROUND A. The Plaintiffs Plaintiff Tatoma…