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DIAMOND S.J. ENTERPRISE, INC. v. CITY OF SAN JOSE

No. 20-15085.

100 F.4th 1059 (2024)

DIAMOND S.J. ENTERPRISE, INC., dba S. J. Live, Plaintiff-Appellant, v. CITY OF SAN JOSE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Vacated April 25, 2022.

Resubmitted August 28, 2023 San Francisco, California.

Filed April 30, 2024.

Attorney(s) appearing for the Case

D. Gill Sperlein (argued), The Law Office of D. Gill Sperlein, San Francisco, California, for Plaintiff-Appellant.

Malgorzata Laskowska (argued) and Kathryn J. Zoglin, Senior Deputy City Attorneys; Ardell Johnson, Assistant City Attorney; Nora Frimann, City Attorney; San Jose City Attorney's Office, San Jose, California, for Defendant-Appellee.

Niles Illich and Scott H. Palmer, Palmer Perlstein, Addison, Texas, for Amicus Curiae First Amendment Lawyers Association.

Dissent by Judge Collins.

OPINION

Diamond S.J. Enterprise, Inc. ("Diamond"), operates SJ Live, a nightclub in downtown San Jose, California ("City"). On the night of May 27, 2017, Jenny Wolfes, the nightclub's owner, cancelled a live show shortly before it was scheduled to start because the show's promoter had taken payments for table reservations...

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