Saturday, December 9, 2017

Ninth Circuit Says Permit Requirement for Outdoor Weddings Violates First Amendment

The Ninth Circuit ruled this week that the standards for a conditional use permit in Ventura County left too much discretion to the decisionmakers and therefore violated the First Amendment. The ruling reverses a district court's dismissal of the plaintiff's First Amendment claim and sends the case back for a decision on the plaintiff's motion for a preliminary injunction.

The case, Epona, LLC v. County of Ventura, arose when the corporation sought a conditional use permit to use the outdoor area on his rural property for outdoor weddings. County officials denied the permit, concluding that the use was "not compatible with the rural community," that it had "the potential to impair the utility of neighboring property or uses," and that it had "the potential to be detrimental to the public interest, health, safety, convenience, or welfare . . . and the findings [in the local zoning law]." The corporation's owner sued, arguing that the standards and denial violated the First Amendment, and that the denial violated RLUIPA. The district court dismissed the claims.

The Ninth Circuit reversed on the First Amendment claim. The court ruled that Ventura County's standards left too much discretion to the decisionmakers, and therefore raised the possibility of content-based discrimination.

The standards say that a person seeking a conditional use permit for an event, including a wedding, show that the event is (among other things):

(b) compatible with the character of surrounding, legally established development;

(c) not . . . obnoxious or harmful, [and must not] impair the utility of neighboring property or uses;

(d) not . . . detrimental to the public interest, safety, convenience, or welfare;

(e) compatible with existing and potential land uses in the general area where the development is to be located . . . .

The scheme requires permitting officials to make "specific factual findings," which arguably made the standards more determinate.

Nevertheless, the court looked to "the totality of the factors" regarding the scheme and concluded that "the [conditional use permit] scheme fails to provide definite and specific guidelines for permitting officials." Moreover, the court said that the scheme failed to provide a time limit (as required by Freedman v. Maryland), so "compounds the problem created by the lack of definite standards for permitting officials." "Together, these defects confer unbridled discretion on permitting officials in violation of the First Amendment."

At the same time, the court rejected the plaintiff's RLUIPA claim, because the corporation isn't "a religious assembly or institution."

The court sent the case back for a ruling on the plaintiff's motion for a preliminary injunction on the First Amendment claim.

http://lawprofessors.typepad.com/conlaw/2017/12/ninth-circuit-says-permit-requirement-for-outdoor-weddings-violates-first-amendment.html

First Amendment, News, Opinion Analysis, Speech | Permalink

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