In Sangervasi v. City of San Jose, (9th Cir., Jan. 14, 2025), the U.S. 9th Circuit Court of Appeals affirmed a California federal district court’s denial of a preliminary injunction sought by a police officer who objected to the police department’s authorizing officers to wear an LGBTQ Pride uniform patch and to the raising of a Pride flag at police headquarters. Plaintiff wanted to create other uniform patches and flag designs featuring Christian or anti-LGBTQ themes. His proposal was denied and he was placed on indefinite administrative leave. He sued, claiming violation of his equal protection, free speech and free exercise rights. The court said in part:
The district court properly dismissed Sangervasi’s free speech and free exercise claims because Defendants were engaging in government speech and Sangervasi was speaking as a government employee…. The district court properly dismissed Sangervasi’s equal protection claims because he failed to allege facts demonstrating a discriminatory intent.