Ninth Circuit Court of Appeals affirms city not liable for tenant decisions on who can use space
Jan 26, 2021
The case arose in connection with a lease agreement between the city of Pasadena and the Western Justice Center, under which the center leases the historic Maxwell House from the city, and has the authority to rent the Maxwell House for community meetings. As per the agreement, the center agreed to rent the space to an external group, but then subsequently cancelled the rental agreement after learning that the group had invited a speaker with views “antithetical to the values of the Center.”
The external group, the Pasadena Republican Club, sued both the center and the city of Pasadena, alleging that the cancellation amounted to “viewpoint discrimination and religious belief discrimination” under the First Amendment. The city argued that it could not be held liable because the cancellation was not caused by an official policy or custom of the city. Rather, the cancellation was the discretionary decision of the city’s tenant, who was not acting on behalf of the government and therefore cannot violate the First Amendment.
The district court agreed with the city, and the external group appealed.
On appeal, Cal Cities filed an amicus brief in support of the city, urging the Ninth Circuit Court of Appeals to uphold the decision of the district court.
In an important win for cities, the Ninth Circuit affirmed the district court’s decision. The Court held, in a published opinion, that the city is not liable for the discretionary decisions made by its tenant, the Western Justice Center. The Court explained that the city did not delegate final policymaking authority to the center; it simply rents the space, giving the center the right to occupy the Maxwell House and exercise its own discretionary authority.
The external group, the Pasadena Republican Club, sued both the center and the city of Pasadena, alleging that the cancellation amounted to “viewpoint discrimination and religious belief discrimination” under the First Amendment. The city argued that it could not be held liable because the cancellation was not caused by an official policy or custom of the city. Rather, the cancellation was the discretionary decision of the city’s tenant, who was not acting on behalf of the government and therefore cannot violate the First Amendment.
The district court agreed with the city, and the external group appealed.
On appeal, Cal Cities filed an amicus brief in support of the city, urging the Ninth Circuit Court of Appeals to uphold the decision of the district court.
In an important win for cities, the Ninth Circuit affirmed the district court’s decision. The Court held, in a published opinion, that the city is not liable for the discretionary decisions made by its tenant, the Western Justice Center. The Court explained that the city did not delegate final policymaking authority to the center; it simply rents the space, giving the center the right to occupy the Maxwell House and exercise its own discretionary authority.