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Berger v. Seattle, No. 05-35752

By FindLaw Staff on June 24, 2009 | Last updated on March 21, 2019

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


Opinion by Judge Berzon

Dissent by Chief Judge Kozinski

Dissent by Judge Gould

Partial Concurrence and Partial Dissent by
Judge N.R. Smith


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

Carlton W. Seu, Seattle City Attorney's Office, Seattle, WA

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