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SANTA MONICA FOOD NOT BOMBS v. SANTA MONICA

Nos. 03-56621, 03-56623.

450 F.3d 1022 (2006)

SANTA MONICA FOOD NOT BOMBS, an unincorporated association; International Answer/Los Angeles, an unincorporated association; Deborah Baxter; Moira La Mountain; Christine Schanes, Plaintiffs-Appellants, v. CITY OF SANTA MONICA, a municipal corporation; Susan E. McCarthy; James T. Butts, Defendants-Appellees. Santa Monica Food Not Bombs, an unincorporated association; International Answer/Los Angeles, an unincorporated association; Deborah Baxter; Moira La Mountain; Christine Schanes, Plaintiffs-Appellants, v. City of Santa Monica, a municipal corporation; Susan E. McCarthy; James T. Butts, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 16, 2006.

Attorney(s) appearing for the Case

Carol A. Sobel, Law Office of Carol A. Sobel, Santa Monica, CA, for the appellants.

Barry A. Rosenbaum, Senior Land Use Attorney, Santa Monica, CA, for the appellees.

Before KLEINFELD, WARDLAW, and BERZON, Circuit Judges.

Opinion and Partial Dissent by Judge BERZON; Partial Majority Opinion, Partial Concurrence, and Partial Dissent by Judge KLEINFELD; Concurrence by Judge WARDLAW.

BERZON, Circuit Judge, with whom Judge KLEINFELD concurs except as to Sections II.B.2.b.(1)(ii) and II.C, and Judge WARDLAW concurs except as to Section II.C.

We consider the facial constitutionality of ordinances enacted by the City of Santa Monica to regulate activity in its outdoor public spaces...

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