In a challenge to Defendant-City's rules governing street performers in a public park, summary judgment for Plaintiff is affirmed where the rules governed a public forum, had an impermissibly broad scope, and did not meaningfully promote the city's asserted interests.
Read Berger v. Seattle, No. 05-35752
Appellate Information
Argued and Submitted September 23, 2008
Filed June 24, 2009
Judges
Opinion by Judge Berzon
Dissent by Chief Judge Kozinski
Dissent by Judge Gould
Partial Concurrence and Partial Dissent by
Judge N.R. Smith
Counsel
For Appellee:
Elena Luisa Garella, Law Office of Elena Luisa Garella, Seattle, WA
Robert Corn-Revere, Davis Wright Tremaine LLP, Washington, DC
For Appellants:
Gary Keese, Seattle City Attorney's Office, Seattle, WA
