In Wexler v. City of San Diego, California, (SD CA, Nov. 4, 2024), a California federal district court rejected plaintiff's claim that his free exercise rights were violated when he was evicted from rental property he had occupied for a few days. The court said in part:
Plaintiff alleges that Defendant Dup-A-Key harmed him by changing the rental unit’s door locks on the Sabbath.... Plaintiff alleges harm from Defendant Rough Rider Real Estate because he “had to record” Defendant’s employee drilling of a “No Trespass” sign onto the property on the Sabbath.... Plaintiff further alleges harm from Defendant Police Officers because the alleged unlawful eviction occurred on the Sabbath.... However, these actions are not violations under the Free Exercise Clause. Plaintiff has not alleged that Defendants Dup-A-Key and Rough Rider Real Estate were government entities. Nor does Plaintiff sufficiently allege that any government policy was not neutral or not generally applicable. Accordingly, the Court DISMISSES Plaintiff’s First Amendment § 1983 claims against all Defendants with leave to amend.
The court also rejected a variety of other challenges to the eviction alleged by plaintiff, including a claim that police officers discriminated against him because he mentioned to them that he was an Orthodox Jewish person.
