FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RUSSELL ALLEN NORDYKE; ANN ü
SALLIE NORDYKE, dba TS Trade
Shows; JESS B. GUY; DUANE DARR;
WILLIAM J. JONES; DARYL N.
DAVID; TASIANA WESTYSCHYN; JEAN
LEE; TODD BALTES; DENNIS BLAIR,
R.L. ADAMS; ROGER BAKER; MIKE No. 07-15763
FOURNIER; VIRGIL MCVICKER, ý D.C. No. Plaintiffs-Appellants, CV-99-04389-MJJ
v. ORDER
MARY V. KING; GAIL STEELE;
WILMA CHAN; KEITH CARSON;
SCOTT HAGGERTY; COUNTY OF
ALAMEDA; COUNTY OF ALAMEDA
BOARD OF SUPERVISORS,
Defendants-Appellees. þ
Filed July 12, 2010
Before: Alex Kozinski, Chief Judge, Harry Pregerson,
Stephen Reinhardt, Diarmuid F. O’Scannlain,
Pamela Ann Rymer, Michael Daly Hawkins,
Susan P. Graber, Ronald M. Gould, Richard C. Tallman,
Milan D. Smith, Jr. and Sandra S. Ikuta, Circuit Judges.
ORDER
The panel opinion in Nordyke v. King, 563 F.3d 439 (9th
Cir. 2009), is vacated and the case is remanded to that panel
for further consideration in light of McDonald v. City of Chicago,
No. 08-1521, slip op. (U.S. June 28, 2010).
9907
So the panty wetting anti-civil rights judge tucked what little tail he has between his legs and called off his witch hunt.
Now, maybe the original panel will decide that a county fair grounds doesn't fall within the scope of "sensitive area" per Heller & McDonald.
