Thursday, July 06, 2017

In 9th Circuit Church Loses Suit Against Loud Music Festival

In Amistad Christiana Church v. Life Is Beautiful, LLC, (9th Cir., July 3, 2017), the U.S. 9th Circuit Court of Appeals rejected a claim by a Christian church that a music festival put on by Life is Beautiful, LLC with a permit from the City of Las Vegas was so intrusive that it violated their free exercise and free speech rights.  The court found no state action, concluding that Life is Beautiful is a private entity not acting under color of state law.  The city's special event permit regulated permissible sound levels for the festival.  And the city is immune from civil liability for suits based on the exercise of its discretionary functions.