Wright v. Incline Village General Improvement District
665 F.3d 1128
9th Cir.2011Background
- IVGID restricts beach access to owners or tenants of the 1968 property; Wright is excluded because his residence/property lies outside the 1968 property.
- The restrictive covenant accompanying the 1968 property limits beach use to recreation for 1968 property owners and their tenants, with possible access for guests as determined by the district.
- Ordinance 7 implements the restrictive covenant by limiting beach access to eligible 1968-property owners/tenants; the ordinance is enforceable by IVGID and private property owners within the 1968 property.
- Policy 136 designates certain areas as public fora and designates the beaches themselves as a nonpublic forum, aiming to honor the covenant and restrict expressive use to recreation within the covenant.
- Wright filed suit challenging Ordinance 7 and Policy 136 under the First and Fourteenth Amendments, seeking declaratory, injunctive, and monetary relief; the district court granted IVGID summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are the beaches a traditional public forum? | Wright argues beaches are public forums where expressive activity is protected. | IVGID asserts beaches are not a traditional public forum due to covenant-based and design restrictions. | No; beaches are not a traditional public forum. |
| Are Ordinance 7 and Policy 136 reasonable and viewpoint neutral in a limited/public forum? | Wright contends restrictions burden his First Amendment rights to express himself. | IVGID claims restrictions are reasonable, viewpoint neutral, and tailored to the forum's purpose. | They are reasonable and viewpoint neutral; thus constitutional as applied. |
| Do Ordinance 7 and Policy 136 violate the Equal Protection Clause? | Wright asserts differential treatment of similarly situated individuals violates equal protection. | IVGID maintains distinctions are warranted by ownership/occupancy and covenant restrictions; groups are not similarly situated. | No equal protection violation; rational basis review applies and passes. |
Key Cases Cited
- Perry Educ. Ass'n v. Perry Local Educators' Ass'n, 460 U.S. 37 (1983) (limits access to government-controlled property; time/place/m manner considerations)
- Cornelius v. NAACP Legal Def. & Educ. Fund, Inc., 473 U.S. 788 (1985) (forum classifications; government property categories)
- Grace v. City of Los Angeles, 461 U.S. 171 (1983) (parks as public forums; contextual forum analysis)
- Lloyd Corp. v. Tanner, 407 U.S. 551 (1972) (private shopping center not a public forum; exclusionary rights)
- Alpha Delta Chi-Delta Chapter v. Reed, 648 F.3d 790 (2011) (designated public forum; strict scrutiny when opened; otherwise reasonable/viewpoint neutral)