RUBIN v. CITY OF SANTA MONICA

No. 01-56091.

308 F.3d 1008 (2002)

Jerry RUBIN, Plaintiff-Appellant, v. CITY OF SANTA MONICA; Maria M. Stewart, City Clerk; Does 1-5, inclusive, Defendants-Appellees, Bill Jones, Secretary of State, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 17, 2002.


Attorney(s) appearing for the Case

James H. Fosbinder, Fosbinder & Fosbinder, Kahului, HI, for the plaintiff-appellant.

Rhonda M. Fosbinder, Fosbinder & Fosbinder, Kahului, HI, for the plaintiff-appellant.

Bill Lockyer, Attorney General, Sacramento, CA, for defendant-appellee Secretary of State.

Pamela Smith-Steward, Chief Assistant Attorney General, Sacramento, CA, for defendant-appellee Secretary of State.

Andrea Lynn Hoch, Acting Supervising Deputy Attorney General, Sacramento, CA, for defendant-appellee Secretary of State.

Kenneth R. Williams, Supervising Deputy Attorney General, Sacramento, CA, for defendant-appellee Secretary of State.

David M. Verhey, Deputy Attorney General, Sacramento, CA, for defendant-appellee Secretary of State.

Marsha Jones Moutrie, City Attorney, Santa Monica, CA, for defendant-appellee City of Santa Monica.

Lance S. Gams, Deputy City Attorney, Santa Monica, CA, for defendant-appellee City of Santa Monica.

Before HALL, SILVERMAN and RAWLINSON, Circuit Judges.


OPINION

SILVERMAN, Circuit Judge.

I. Overview

We are asked to decide whether the City of Santa Monica's refusal to permit a candidate for the City Council to designate his occupation as "peace activist" on the city election ballot violates the candidate's rights of free speech and equal protection. Because the ballot regulation prohibiting "status" designations is politically neutral and the City offers alternative channels of communication, we...

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