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CLARK v. CITY OF SEATTLE

No. 17-35693.

899 F.3d 802 (2018)

Dan CLARK; Tami Dunlad; Ali Hassan; Jennifer Immel; Gary Kunze; Elisabeth Lowe; Dale Montz; Abdi Motan; Fredrick Rice; Michael Riebs; Firew Teshome, Plaintiffs-Appellants, v. CITY OF SEATTLE; Seattle Department of Finance and Administrative Services; Fred Podesta, in his official capacity as Director of the Seattle Department of Finance and Administrative Services, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 9, 2018.

Attorney(s) appearing for the Case

William L. Messenger (argued) and Amanda K. Freeman , National Right to Work Legal Defense Foundation Inc., Springfield, Massachusetts; James G. Abernathy , Freedom Foundation, Olympia, Washington; for Plaintiffs-Appellants.

P. Casey Pitts (argued), Peder J. Thoreen , Stacey M. Leyton , and Stephen P. Berzon , Altshuler Berzon LLP, San Francisco, California; Josh Johnson , Sara O'Connor-Kriss , Michael K. Ryan , and Gregory C. Narver , Assistant City Attorneys; Peter S. Holmes , City Attorney; Seattle City Attorney's Office, Seattle, Washington; for Defendants-Appellees.

Deborah J. La Fetra , Pacific Legal Foundation, Sacramento, California, for Amicus Curiae Pacific Legal Foundation.

Catherine L. Fisk , Berkeley, California; Charlotte Garden, Fred T. Korematsu Center for Law & Equality, Ronald A. Peterson Law Clinic, Seattle University School of Law, Seattle, Washington, for Amici Curiae Labor Law Professors.

Before: MILAN D. SMITH, JR. and MARY H. MURGUIA, Circuit Judges, and EDUARDO C. ROBRENO, District Judge.

OPINION

In December 2015, the Seattle City Council passed Ordinance 124968, an Ordinance Relating to Taxicab, Transportation Network Company, and For-Hire Vehicle Drivers (Ordinance). Chamber of Commerce of the U.S. v. City of Seattle, 890 F.3d 769, 775 (9th Cir. 2018)....

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