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AMSTER v. CITY OF TEMPE

No. 00-15387.

248 F.3d 1198 (2001)

Randall AMSTER, Plaintiff-Appellee, v. CITY OF TEMPE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 15, 2001.

Attorney(s) appearing for the Case

Marlene A. Pontrelli, Deputy City Attorney, Tempe, Arizona, for the defendant-appellant.

Randall Amster, Pro Se, Tempe, Arizona, plaintiff-appellee.

Before: Thomas G. Nelson, Michael Daly Hawkins, and Richard C. Tallman, Circuit Judges.

Argued and Submitted March 23, 2001 — Tempe, Arizona.*

TALLMAN, Circuit Judge:

We must determine the facial constitutionality of a city ordinance that requires a person who wishes to sit or lie on a city sidewalk for specific kinds of events to first obtain a permit. Randall Amster argues that requiring a permit when such conduct occurs as part of a demonstration violates the First Amendment. We hold that it does not.

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