Dietrich v John Ascuaga's Nugget
Dietrich v John Ascuaga’s Nugget is a 2008 ruling of the United States Court of Appeals for the 9th Circuit that concerns petitioner access.
In its ruling, the court said that signature-gathering should continue to be allowed as usual on public sidewalks during those times when a private organization has rented a public square that abuts those public sidewalks.
The decision says that when a private organization has taken temporary control (for a day, or a weekend) of a public space, that does not mean the public space is no longer available for First Amendment activity.
The decision acknowledges that the private organization may have an interest in making it plain that it is not associated with whatever individual or group is petitioning, but says if that is a concern, the private organization is free to post a sign saying it is not associated with the petitioning. In this case, the petitioners were working on a recall petition, and the public sidewalks and public square had been temporarily rented out to the “Best in the West Nugget Rib Cook-Off.” The decision commented that it was unlikely that any passerby would assume the recall petition is associated with the Cook-Off.
Background
The "Best in the West Nugget Rib Cook-Off" is a multi-day event held annually in downtown Sparks, Nevada. In 2002, Plaintiff Janelle Dietrich attended the event and attempted to register voters and to gather signatures for a political petition. The petitions she was collecting signatures on were petitions to recall four city council members of the neighboring city of Reno. The pro-recall organization was Citizens for the Right to Vote.
A police officer ordered Dietrich to move to another location, under threat of arrest if she refused to do so. After 30 minutes at the new location she left, but then contacted the American Civil Liberties Union and one of the event’s organizers. She was allowed by the event’s organizer to return the next morning and to conduct her political activities for the remaining days of the event at the original location and a second location.
On the third day, however, a second police officer cited her for a traffic violation, allegedly in retaliation for publicity about her first-day activities in a local newspaper.
Dietrich filed a federal lawsuit in a federal district court under 42 U.S.C. § 1983, alleging violations of her First Amendment right to free speech and naming as defendants the police officers, the event’s organizers, the Sparks Police Department, and the City of Sparks.
The federal district court ruled against Dietrich on all counts. She then appealled to the Ninth, which partially reversed the lower district court.
