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.... Therefore, we first determine whether the city deprived the plaintiffs of a constitutional right. The plaintiffs argue their effigy-burning is "speech" protected by the...plaintiffs, arguing it had probable cause to arrest these demonstrators based on their conduct, which was the effigy-burning.
Bird...communicative elements in plaintiffs' conduct of burning an effigy of Chief Wahoo. At trial, the plaintiffs offered testimony that the Cleveland Indians' mascot is seen by many in the Native American...
.... Evidence at the hearing indicates that police arrested Pratap for violating an Indian law against effigy burning. The IJ concluded that Pratap's testimony was "not . . . entirely credible," and...
...burnings and arrests is part of our record. It shows a protestor spraying accelerant on a burning effigy and then retreating from the rapidly growing fire before burning pieces of the disintegrating...area cordoned off by metal barricades with firefighters with extinguishers nearby. Moreover, the record shows that burning pieces of the effigy landed near the protestors themselves, not anyone else. I..., 20 L.Ed.2d 672.
{¶ 27} If we allow flag burning in this country, we should certainly allow Chief Wahoo effigy burning. Our flag stands for over...
...not enough, as there is nothing to suggest that this individual's burning an effigy impeded law enforcement (e.g., was done near or in a crowd of police officers, in the same manner as the...from the affidavit of probable cause that accompanied the search warrant, which references the effigy burning. From the photograph in the affidavit and the description of the events, it does not...appear that the burning of the effigy occurred in the proximity of and in a manner that obstructed law enforcement, which is the controlling predicate crime for which Mr. DiPippa was charged...
...attendance at the 2005 festival, Beninati was himself burned when he tripped and fell into the remnants of the Burning Man effigy while participating in the festival's commemorative ritual. He sued...might trip and fall into the fire because he could not see the ground surface. This risk itself is one that is inherent in the burning of the effigy and the Burning Man commemorative ritual.... INTRODUCTION
Appellant Anthony Beninati (Beninati) was a three-time attendee at the iconic Burning Man festival (Burning Man), held annually at Black Rock City, Nevada. During his...
...), falling into the remains of a burning effigy at the Burning Man festival (Beninati v. Black Rock City, LLC (2009) 175 Cal.App...
...Rent-A-Car; Larry Dean Hudson; Larry Dean Meyer; Larry D. Harvey, Individually dba: Burning Man Project; John Law, Individually dba: Burning Man Project; dba: Burning Man; Michael Mikel, Individually...dba: Burning Man Project; dba: Burning Man; Fellini, Cronenburg and Dante; Black Rock Security Group; Black Rock Rangers, Defendants, v. UNITED STATES DEPARTMENT OF THE INTERIOR, Bureau of Land...of the accident, Reed was attending an event known as the Burning Man Festival, which was held on the desolate Black Rock Desert playa in...
...extension of the limited-duty doctrine where a plaintiff was burned when he “tripped and fell into the remnants of the Burning Man effigy while participating in the festival's commemorative ritual...combustible material and was held upright by wire cables. Once much of the material had burned, and the conflagration had subsided but was still actively burning, Beninati and others walked into the fire....” Beninati, 96 Cal.Rptr.3d at 110. Because “[p]ersons who attend Burning Man throw objects into the fire ‘so attendees can participate...
...court's extension of the limited-duty doctrine where a plaintiff was burned when he “tripped and fell into the remnants of the Burning Man effigy while participating in the festival's commemorative...made of combustible material and was held upright by wire cables. Once much of the material had burned, and the conflagration had subsided but was still actively burning, Beninati and others walked...into the fire.” Beninati, 96 Cal.Rptr.3d at 110. Because “[p]ersons who attend Burning Man throw objects into the fire ‘so attendees can...
...committed by the burning of the plaintiff in effigy. Surely the plaintiff's declaration there did not contain the actual libel...
...California appellate court's extension of the limited-duty doctrine where a plaintiff was burned when he “tripped and fell into the remnants of the Burning Man effigy while participating in the festival's...conflagration had subsided but was still actively burning, Beninati and others walked into the fire.” Beninati, 96 Cal.Rptr.3d at 110.... Because “[p]ersons who attend Burning Man throw objects into the fire ‘so attendees can participate ... completely with [sic] the Burning Man experience,’ ” the court determined that the risk of burns...
..., was himself burned when he tripped and fell into the remnants of the burning man effigy. The court also applied primary assumption of risk in..., supra, 175 Cal.App.4th 650, 96 Cal.Rptr.3d 105, the court applied the doctrine where the plaintiff, who attended the Burning Man Festival...the burning man event who fell into the fire, the court affirmed summary judgment because there was no evidence defendant “did anything that increased the inherent risk of harm to [plaintiff] normally...
..., 96 Cal.Rptr.3d 105 [plaintiff burned by remnants of Burning Man effigy] ).
With this overview of assumption of the risk, we now...
...: Saga of a Bold Land 240–241 (2003). Alaskans responded by burning Pinchot in effigy and, more creatively, organizing the "Cordova Coal Party"—a mass dumping of imported Canadian coal (instead of...
..., 96 Cal.Rptr.3d 105 [plaintiff burned by remnants of Burning Man effigy] ).
With this overview of assumption of the risk, we now analyze Jimenez's claims...
...burned during ritual burning of eponymous effigy].)
The test is whether the activity " ‘involv[es] an inherent risk of injury to voluntary participants ... where the risk cannot be...) 175 Cal.App.4th 650, 658, 96 Cal.Rptr.3d 105 [by attending Burning Man festival plaintiff assumed risk of being...
..., and the expressions on the card are symbolic free speech to show the City being destroyed by rate hikes, over development (burning cross). The scarecrow stuffed figure represents a hanging in effigy...noose and a sign reading "Herb = Nigger"; (2) a burning cross; and (3) a human figure hanging from a tree. On the back of the card were the words "Fuck-U Herb."
Wesson permitted...a character who was clearly depicting a Ku Klux Klan member holding a noose in one hand and a sign in the other saying 'Herb, Nigger,' and a burning cross." The court asked what these images had to do...
...committed by the burning of the plaintiff in effigy."
In Merle v. Sociological Research Film Corp. ( supra) the First Department affirmed on the opinion of...
...statute, because such statutes can be enforced so as to stifle speech, and every arson statute, because such statutes can be enforced against symbolic speech such as burning an effigy or a draft card...
...into the remnants of the burning man effigy. The court also applied primary assumption of risk in Amezcua v. Los Angeles Harley-Davidson, Inc. (2011) 200 Cal.App.4th..., supra, 175 Cal.App.4th 650, the court applied the doctrine where the plaintiff, who attended the Burning Man Festival, was himself burned when he tripped and fell...) 42 Cal.4th 482, 500.) For example, in Beninati, supra, 175 Cal.App.4th at pages 660-661, involving an attendee at the burning man event who fell into the...