BERGER v. CITY OF SEATTLE - ACLU of Washington

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244 BERGER v. CITY OF SEATTLE find that neither do they violate his Equal Protection right.” Id. [24] Like the non-incumbents and peace activists in Rubin, street performers are not a suspect class. See Cleburne, 473 U.S. at 443 (explaining the limited set of “suspect” classifications and declining to expand the limited set to mental retardation). Thus, as in Rubin, the only question is whether the Campus Rules violate the constitutional right to free speech. 36 As explained above, the rules satisfy the standards for valid time, place, or manner restrictions on speech. Like the ballot rule in Rubin, the Campus Rules “further an important governmental interest, . . . are non-discriminatory, are viewpointneutral, and . . . do not severely limit a candidate’s First Amendment rights. Therefore, they are not unconstitutional on their face . . . .” Rubin, 308 F.3d at 1019. V In sum, Rules F.1, F.2, F.3.a, F.5, and G.4 satisfy the requirements for valid restrictions on expression under the First Amendment. Such content neutral and narrowly tailored rules, which leave open ample alternatives for communication, must be upheld. The rules also survive rational basis review under the Fourteenth Amendment. The order granting summary judgment to Berger is REVERSED. The case is REMANDED to the district court for further proceedings consistent with this opinion. 36 The relevant constitutional right should not be characterized as a “constitutionally protected right to perform magic tricks, create balloon sculptures, and receive voluntary donations in a public park,” as erroneously suggested by the magistrate who considered Berger’s 1996 complaints.
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BERGER v. CITY OF SEATTLE - ACLU of Washington

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