Berger v. Seattle, No. 05-35752

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

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