Facts

FreePB.org, otherwise known as Free Parks and Beaches for San Diego, filed suit against San Diego's recently passed moratorium that instituted a general ban on all grants of space reservations from the Saturday prior to Memorial Day through Labor Day. FreePB.org claimed that it wished to hold a beach party in Mission Bay Park on Aug. 25, 2012, but that San Diego would not take action on its application unless it obtained a necessary waiver from the City Manager. It further argued that the policy unfairly favors longstanding events in violation of equal protection.

FreePB.org also claimed that San Diego's code section violated FreePB.org's constitutional right to free speech and was therefore facially invalid.

Result

The Court dismissed the complaint, finding that the plaintiffs failed to allege sufficient facts to show that the City's different treatment of the plaintiff's event and other events was based on an impermissible classification. Treating long-standing events and new events differently is permissible. The Court further found that the municipal code section was not facially invalid on First Amendment grounds.