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BERGER v. CITY OF SEATTLE

No. 05-35752.

512 F.3d 582 (2008)

Michael James BERGER, a single man also known as Magic Mike, Plaintiff-Appellee, v. CITY OF SEATTLE; Virginia Anderson, Director of Seattle Center; Michael Anderson, Emergency Service Manager for Seattle Center; Ten Unknown Employees/Officers, of the Seattle Center and the City of Seattle, all in both their individual and official capacities, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed January 9, 2008.

Attorney(s) appearing for the Case

Gary E. Keese, Assistant City Attorney, Seattle, WA, argued the cause for the defendants-appellants; Thomas A. Carr, Seattle City Attorney, Seattle, WA, was on the briefs.

Elena Luisa Garella, Elena Luisa Garella PC, Seattle, WA, argued the cause for the plaintiff-appellee and was on the brief.

Before: DIARMUID F. O'SCANNLAIN and MARSHA S. BERZON, Circuit Judges, and SAM E. HADDON, District Judge.

Opinion by Judge O'SCANNLAIN; Partial Concurrence and Partial Dissent by Judge BERZON.

O'SCANNLAIN, Circuit Judge:

We must determine the bounds of a city's authority to restrict expression in a public forum.

I

The public forum is the "Seattle Center," an entertainment zone covering roughly 80 acres of land in downtown Seattle, Washington. Each year, the Seattle Center's theaters, arenas, museums, exhibition halls, conference rooms, outdoor...

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