Pasadena Republican Club v. Western Justice Center, et al.

The City of Pasadena entered into a lease with the Western Justice Center, which including the option to renew runs for 99 years, to operate a center for dispute resolution on property owned by the City. City funds were used to purchase the property from the United States General Services Administration – only a governmental entity could legally purchase the property – and revenue from city bonds was given to the Western Justice Center to pay for the refurbishment of the property. The property was purchased to carry out the public purposes of the City and the City limited its use to purposes stated in a Plan of Public Use. The City relied on rent payments from the Western Justice Center to repay the City’s treasury for the cost of the purchase and the refurbishment financed by the sale of municipal bonds. The Western Justice Center exercised its delegated authority over that City-owned property to cancel an event by the Pasadena Republican Club because Center disagreed with the view of the speaker chosen by the Club The questions presented for review is under these circumstances are:

1. While it is managing the city-owned property, is the Western Justice Center a State Actor for purposes of the First and Fourteenth Amendments and 42 U.S.C. §§ 1983 and 1985(3)?

2. Consistent with the Court’s ruling in Burton v. Wilmington Parking Authority, 365 U.S. 715 (1961), is a government agency liable for civil rights violations where the agency, through “inaction has not only made itself a party to the [viewpoint discrimination] but has elected to place its power, property and prestige behind” that discrimination?