PACIFIC COAST HORSESHOEING SCHOOL v. KIRCHMEYER

No. 18-15840.

961 F.3d 1062 (2020)

PACIFIC COAST HORSESHOEING SCHOOL, INC.; Bob Smith; Esteban Narez, Plaintiffs-Appellants, v. Kimberly KIRCHMEYER, in her Official Capacity as Director of Consumer Affairs; Michael Marion, in his Official Capacity as Chief of the Bureau for Private and Postsecondary Education, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 10, 2020.


Attorney(s) appearing for the Case

Paul V. Avelar (argued) and Keith E. Diggs , Institute for Justice, Tempe, Arizona; Bradley A. Benbrook and Stephen M. Duvernay , Benbrook Law Group PC, Sacramento, California; for Plaintiffs-Appellants.

P. Patty Li (argued), Deputy Attorney General; Paul Stein , Supervising Deputy Attorney General; Thomas S. Patterson , Senior Assistant Attorney General; Xavier Becerra , Attorney General; Attorney General's Office, San Francisco, California; for Defendants-Appellees.

Eugene Volokh (argued), Professor of Law, Scott & Cyan Banister First Amendment Clinic, UCLA School of Law, Los Angeles, California; Rodney A. Smolla , Dean & Professor of Law, Widener University, Delaware Law School, Wilmington, Delaware; for Amici Curiae Professors Jane Bambauer, David Bernstein, Clay Calvert, Mark Lemley, Rodney Smolla, and Eugene Volokh.

Seth E. Mermin and Cindy Pan , Center for Consumer Law and Economic Justice, Berkeley, California; Thomas Bennigson , Public Good Law Center, Berkeley, California; for Amici Curiae Housing and Economic Rights Advocates, Consumers Union, Project on Predatory Student Lending, and UC Berkeley Center for Consumer Law and Economic Justice.

Before: Michael J. Melloy, Jay S. Bybee, and N. Randy Smith, Circuit Judges.


OPINION

Plaintiff Bob Smith is an experienced farrier and offers classes for those who would like to learn the art and craft of horseshoeing. Plaintiff Esteban Narez is experienced with horses and would like to enroll in Smith's classes to become a professional farrier. But because Narez does not have a high school...

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