The Federal Ninth Circuit Court of Appeals upheld a decision by the lower District Court that the Town of Yucca Valley did not violate a resident’s First Amendment rights by limiting the information town staff included in staff reports to the planning commission and town council. In June 2014, the Yucca Valley Planning Commission was considering a permit application by sculptor David Falossi to operate a home studio. Yucca Valley resident Fritz Koenig gave town staff 95 pages of materials to include in the staff report about why he objected to Falossi’s home studio permit. About two-thirds of his material was included in the staff report. Koenig sued the Town and Deputy Town Manager Shane Stueckle for not including all the information, claiming that his First Amendment rights were being violated by the exclusion. The town said Koenig could present his material directly to the commissioners and council members during their meetings, and indeed, Koenig did speak at both meetings. The District Court agreed with the town and dismissed his complaint, and the Court of Appeals upheld the District Court’s ruling last Thursday.
