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HOPPER v. CITY OF PASCO

No. 98-35795.

241 F.3d 1067 (2001)

Janette HOPPER, and Sharon Rupp, Plaintiffs-Appellants, v. CITY OF PASCO, and Arts Council of the Mid-Columbia Region, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 15, 2001.

Attorney(s) appearing for the Case

Paul J. Lawrence, Preston Gates & Ellis, LLP, Seattle, Washington, Cooperating Attorney for the American Civil Liberties Union—Washington, for the plaintiffs-appellants.

John G. Schultz (argued) and George Fearing, Leavy, Schultz, Davis & Fearing, Kennewick, Washington, for defendant-appellee City of Pasco.

Before: JAMES R. BROWNING, M. MARGARET McKEOWN, and RONALD M. GOULD, Circuit Judges.

Argued and Submitted March 9, 2000, Seattle, Washington.

Opinion by Judge McKEOWN; Partial Concurrence and Partial Dissent by Judge GOULD.

McKEOWN, Circuit Judge:

This case is a study in the politics and law of public art. Janette Hopper and Sharon Rupp are artists whose works were excluded from public display at the Pasco City Hall Gallery in Pasco, Washington, because city officials deemed their art too

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