Facts

San Francisco International Arts Festival (SFIAF) applied for permits that would allow outdoor performance at Crane Cove Park in May 2021 and the Jerry Garcia Amphitheater in September 2021. When they were denied the permits because of the limitations on public gatherings implemented in response to the COVID-19 pandemic, SFIAF and one of its affiliated artists, Nkechi Emeruwa, sued San Francisco Mayor London Breed and California Governor Gavin Newsom.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that they were denied the permits whereas other organizations were allowed to hold events at other locations throughout San Francisco. They alleged three civil rights claims against defendant Mayor Breed on the grounds of freedom of expression, equal protection, and due process. As to both defendants, their claim was for declaratory relief based on similar grounds, declaring unconstitutional the guidelines for outdoor gatherings to the extent that they treated certain arts with less protection and more restrictions than those imposed on similarly constitutionally-protected endeavors: free speech and right to assembly.

DEFENDANTS' CONTENTIONS: Defendants contended that plaintiffs' claims lacked subject matter jurisdiction and failed to state a claim. Generally, plaintiffs' contentions were vague and did not plausibly allege any policy, custom, or practice that led to the alleged constitutional violations. Even as to the civil rights' violations, plaintiffs failed to allege that any other group was granted a permit to hold an outdoor event at the venues during the same time frame in which plaintiffs' permit applications were denied.

Result

The case was dismissed with prejudice and judgment entered for defendants. Prior to the dismissal, the City issued the requested permits.