This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Constitutional Law
Equal Protection
First and Fourteenth Amendment

Neal Schon, Michaele Schon, and N&M Productions Inc. v. City and County of San Francisco, Philip Ginsburg, Dana Ketcham, Diane Rea

Published: Jan. 16, 2016 | Result Date: Dec. 8, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 3:15-cv-00581-LB Settlement –  $290,000

Court

USDC Northern


Attorneys

Plaintiff

James A. Quadra
(Quadra & Coll LLP)

Rebecca M. Coll
(Quadra & Coll LLP)


Defendant

Margaret W. Baumgartner
(Office of the San Francisco City Attorney)

Dennis J.W. Herrera

David A. Delbon
(Office of the San Francisco City Attorney)

Jeremy M. Goldman

Cheryl S. Adams
(Office of the San Francisco City Attorney)


Facts

Neal Schon, Michaele Schon, and N&M Productions Inc. sued the City and County of San Francisco, Philip Ginsburg, Dana Ketcham, and Diane Rea.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiff Neal Schon was the lead guitarist and founder of the band Journey. On Sept. 19, 2013, plaintiffs applied for a "Special Event Permit" to use the Rotunda of the Palace of Fine Arts for a Dec. 15 wedding and to use the old Exploratorium building, which was then occupied by the Town School for Boys for the reception. Schon and his wife had deep roots in the city. Defendants indicated they were amenable to the plans. Plaintiffs alleged that defendants knew there would be media coverage of the wedding.

In September, October, and November 2013, city employee Rea, who was acting at the behest of defendants Ginsburg and Ketcham, advised plaintiffs that the total permit fee would be $10,000 per day plus extra costs. Plaintiffs asserted that the fees were exorbitant and, therefore, unconstitutional.

Result

The parties ultimately reached a settlement for $290,000.


#98348

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390