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VILLEGAS v. CITY OF GILROY

No. 05-15725.

484 F.3d 1136 (2007)

George VILLEGAS, Bob Poelker, Marcelo Orta, and Don Derosiers, Plaintiffs-Appellants, v. CITY OF GILROY, and Gilroy Garlic Festival Association, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

April 30, 2007.

Attorney(s) appearing for the Case

Randolph M. Hammock, Canoga Park, CA, for the plaintiffs-appellants.

Mark L. Strombotne and Bronwen E. Lacey, San Jose, CA, for the defendant-appellee City of Gilroy.

Gregory C. Simonian and G. Martin Velez, Daly City, CA, for the defendant-appellee Gilroy Garlic Festival Association.

Before RONALD M. GOULD and JOHNNIE B. RAWLINSON, Circuit Judges, and ALFRED V. COVELLO, District Judge.

COVELLO, District Judge.

This is an action for damages alleging violations of the plaintiffs' First Amendment constitutional rights incident to their exclusion from a garlic festival. It is brought pursuant to 42 U.S.C. section 1983,1 and article I, section 2 of the state of California's constitution and California's civil rights act, section 51 et seq. of the California Civil code.2 George Villegas and others...

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