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ACOSTA v. CITY OF COSTA MESA

No. 10-56854.

694 F.3d 960 (2012)

Benito ACOSTA, Plaintiff-Appellant, v. CITY OF COSTA MESA; Allan Mansoor, Mayor of the City of Costa Mesa, in his official and individual capacities, Defendants-Appellees, John Hensley, Chief of Police, Costa Mesa Police Department; David Andersen; David DeHuff; John Doezie; Bryan Glass; Daniel Guth; David Makiyama; Jeff Tobin; Derek Trusk, in their official and individual capacities, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 5, 2012.

Attorney(s) appearing for the Case

Belinda E. Helzer, Esq. , ACLU Foundation of Southern California, Orange, CA, for the plaintiff-appellant.

M. Lois Boback, Esq. (argued) and Daniel K. Spradlin, Esq. , Woodruff, Spradlin & Smart, APC, Costa Mesa, CA, for the defendants-appellees.

Opinion by Judge TALLMAN; Dissent by Judge N.R. SMITH.

OPINION

TALLMAN, Circuit Judge:

Costa Mesa Municipal Code § 2-61 makes it a misdemeanor for members of the public who speak at City Council meetings to engage in "disorderly, insolent, or disruptive behavior." Benito Acosta ("Acosta") was removed from the Costa Mesa City Council meeting for an alleged violation of the ordinance. Acosta appeals the district court's dismissal of his First Amendment facial challenge to the ordinance. He also appeals the...

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