FIRST RESORT, INC. v. HERRERA

No. 15-15434.

860 F.3d 1263 (2017)

FIRST RESORT, INC., Plaintiff-Appellant, v. Dennis J. HERRERA, in his official capacity as City Attorney of the City of San Francisco; Board of Supervisors of the City & County of San Francisco; City and County of San Francisco, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 27, 2017.


Attorney(s) appearing for the Case

Stephen A. Tuggy (argued) and Kelly S. Biggins , Locke Lord LLP, Los Angeles, California, for Plaintiff-Appellant.

Erin B. Bernstein (argued) and Matthew Goldberg , Deputy City Attorneys; Yvonne R. Meré , Chief of Complex and Affirmative Litigation; Dennis J. Herrera , City Attorney; Office of the City Attorney, San Francisco, California; for Defendants-Appellees.

Jonathan M. Eisenberg , Deputy Attorney General; Mark R. Beckington , Supervising Deputy Attorney General; Douglas J. Woods , Senior Assistant Attorney General; Kathleen A. Kenealy , Chief Assistant Attorney General; Office of the Attorney General, Los Angeles, California; for Amicus Curiae Attorney General of California.

Priscilla Joyce Smith , Yale Law School, Brooklyn, New York, for Amici Curiae Information Society Project at Yale Law School and First Amendment Scholars.

Paula M. Mitchell , Attorney; Lindsay N. Burton , Law School Participant; Los Angeles, California; for Amici Curiae NARAL Pro-Choice California, California Religious Coalition for Reproductive Choice, California Women Lawyers, and Women Lawyers Association of Los Angeles.

Concurrence by Judge Tashima


OPINION

First Resort, Inc. ("First Resort") challenges the constitutionality of San Francisco's Pregnancy Information Disclosure and Protection Ordinance ("the Ordinance"), a law designed to protect indigent women facing unexpected pregnancies from the harms posed by false or misleading advertising by limited...

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