AMERICAN FAMILY v. CITY & COUNTY OF SAN FRANCISCO

No. 00-16415.

277 F.3d 1114 (2002)

AMERICAN FAMILY ASSOCIATION, INC.; Donald Wildmon; Kerusso Ministries; Family Research Council, Plaintiffs-Appellants, v. CITY AND COUNTY OF SAN FRANCISCO; Leslie Katz, in her capacity as a member of the San Francisco Board of Supervisors, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 16, 2002.


Attorney(s) appearing for the Case

Brian Fahling and Stephen M. Crampton, AFA Center for Law & Policy, Tupelo, Mississippi, and Peter Hagberg, Oakland, California, for the appellants.

Louise H. Renne, City Attorney, Randy Riddle, Ellen Forman, Teresa L. Stricker, Rafal Ofierski, Deputy City Attorneys, San Francisco, California, for appellees City and County of San Francisco and Leslie R. Katz.

Before: John T. Noonan, Michael Daly Hawkins, and A. Wallace Tashima, Circuit Judges.


Argued and Submitted November 7, 2001 — San Francisco, California.

Opinion by Judge HAWKINS, Dissent by Judge NOONAN

OPINION

MICHAEL DALY HAWKINS, Circuit Judge:

American Family Association, Inc., Donald E. Wildmon, Kerusso Ministries and Family Research Council (collectively, "Plaintiffs") appeal the district court's dismissal of their Section 1983 action for failure to state a claim. In their complaint, Plaintiffs alleged that the...

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