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WRIGHT v. INCLINE VILLAGE GEN. IMPROVEMENT DIST.

No. 10-16043.

665 F.3d 1128 (2011)

Frank WRIGHT, Plaintiff-Appellant, v. INCLINE VILLAGE GENERAL IMPROVEMENT DISTRICT, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 27, 2011.

Attorney(s) appearing for the Case

Daniel T. Hayward (argued), Laxalt & Nomura, Ltd., Reno, NV, for the plaintiff-appellant.

Stephen C. Balkenbush (argued) and Katherine F. Parks , Thorndal, Armstrong, Delk, Balkenbush & Eisinger, Reno, NV, for the defendant-appellee.

Before: MICHAEL DALY HAWKINS and MILAN D. SMITH, JR., Circuit Judges, and KEVIN THOMAS DUFFY, District Judge.

OPINION

M. SMITH, Circuit Judge:

With few exceptions, Defendant-Appellee Incline Village General Improvement District (IVGID) only allows people who own or rent real property within IVGID's 1968 boundaries to access beaches that it owns and operates. Plaintiff-Appellant Frank Wright (Wright), who is excluded from the beach because he does not live within the 1968 boundaries, argues that this policy is unconstitutional under the First Amendment and the Equal...

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