PASADENA REPUBLICAN CLUB v. WESTERN JUSTICE CENTER

No. 20-55093.

985 F.3d 1161 (2021)

PASADENA REPUBLICAN CLUB, a General Purpose Political Committee, on behalf of itself and its members, Plaintiff-Appellant, v. WESTERN JUSTICE CENTER, a California nonprofit corporation; City of Pasadena; Judith Chirlin, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 25, 2021.


Attorney(s) appearing for the Case

Anthony T. Caso , (argued), Center for Constitutional Jurisprudence, Fowler School of Law, Chapman University, Orange, California, for Plaintiff-Appellant.

William E. Thomson III , (argued), Debra Wong Yang , Dhananjay S. Manthripragada , Daniel R. Adler , and Jason S. Kim , Gibson Dunn & Crutcher LLP, Los Angeles, California, for Defendants-Appellees Western Justice Center and Judith Chirlin.

Dawn Cushman , (argued), Jonathan A. Ross , and Carol A. Humiston , Bradley & Gmelich LLP, Glendale, California, for Defendant-Appellee City of Pasadena.

Justin R. Sarno and Sylvia Chu , Dentons US LLP, Los Angeles, California, for Amicus Curiae League of California Cities.

Before: Susan P. Graber and Carlos T. Bea, Circuit Judges, and Jennifer A. Dorsey, District Judge.


OPINION

The restraints set forth in the United States Constitution generally bind only government actors, excluding private actors from its reach. Nearly sixty years ago, however, the Supreme Court held that, in certain circumstances, a private actor who leased government property must comply with the constitutional...

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