ORDER

The motion for further briefing and oral argument is DENIED.

This case is before us on remand from the United States Supreme Court. Gentala v. City of Tucson, — U.S. -, 122 S.Ct. 340, 151 L.Ed.2d 256 (2001). We remand to the district court for reconsideration in light of Good News Club v. Milford Central School, 533 U.S. 98, 121 S.Ct. 2093, 150 L.Ed.2d 151 (2000), including such evidentiary proceedings as may be appropriate.

Judge Fernandez dissents.