DAVID MEYBERG; NEW SANTA CRUZ SURF SCHOOL, LLC, Plaintiffs-Appellants, v. CITY OF SANTA CRUZ; CAROL SCURICH, individually and as Director of Santa Cruz City Department of Parks and Recreation; ED GUZMAN; RICK MARTINEZ, Chief Deputy of Santa Cruz Police Department; JEFFREY AULDRIGE; LEE BUTLER; ERIC MARLATT; ALEX KHOURNY; DONALD TIMOTEO; ADAM BAKER; LAURA LANDRY; JOE GRANDA; NANCY CONCEPCION; JACOB RODRIGUEZ; RICHARD SUCHOMEL; CLUB ED, INC., Defendants-Appellees., 2021 U.S. App. LEXIS 24502

Summary

HOLDINGS: [1]-The dismissal was affirmed since the city lawfully limited the number of permits for surf schools on its beaches because Cal. Gov't Code § 65850 and the California Coastal Act, Cal. Pub. Res. Code § 30001 et seq., evinces a clear articulation of California's intent to extend its state action antitrust immunity to the city permitting ordinance, the two statutes provided clear guidance for expressly delegated zoning authority, the Omni decision did not apply only to fixed structures; [2]-Plaintiff's First Amendment claim failed because plaintiff failed to plead facts plausibly supporting an inference that the protected activity was a substantial or motivating factor in a city employee's conduct; [3]-The district court did not abuse its discretion by denying plaintiff's request to file a fourth amended complaint as it would have been futile.