In 2021, the San Francisco International Arts Festival (“SFIAF”) and affiliated artist Nkechi Emeruwa were denied permits for two outdoor performance events due to city and state limitations on public gatherings implemented in response to the COVID-19 pandemic. Together, SFIAF and Emeruwa brought suit in federal district court against San Francisco Mayor London Breed claiming the denials were unconstitutional. Specifically, the plaintiffs sued Breed for violations of freedom of expression, equal protection, and due process under 42 U.S.C. § 1983. Even after filing three amended complaints, the plaintiffs’ constitutional claims were still insufficient to withstand dismissal.
