KUBA v. 1-A AGR. ASS'N

No. 02-16989.

387 F.3d 850 (2004)

Alfredo KUBA, on behalf of himself and all others similarly situated, Plaintiff-Appellant v. 1-A AGRICULTURAL ASSOCIATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 19, 2004.


Attorney(s) appearing for the Case

David Blatte, Berkeley, CA, for the plaintiff-appellant.

Charles W. Getz, IV, Office of the Attorney General, State of California, San Francisco, CA, for the defendant-appellee.

Before: LEAVY, PAEZ, and BERZON, Circuit Judges.


BERZON, Circuit Judge.

Alfredo Kuba demonstrates on behalf of animal rights at the Cow Palace ("the Palace") every year, when the circus or the rodeo is playing there. The Palace, a performance facility, located just south of San Francisco, is owned by the State of California and operated by 1-A District Agricultural Association ("the Association").

In 1988, the Board of Directors of the Association adopted a "First Amendment Expression Policy" ("the Policy...

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