Yellow Cab of Reno, Inc. v. Reno Cab Co.
Opinion of the Court
MEMORANDUM
The facts and procedural posture of the case are known to the parties, and we do not repeat them here. Appellant Yellow Cab Company of Reno, Inc. (“Yellow Cab”) appeals the district court’s order granting summary judgment on its 42 U.S.C. § 1983 claims in favor of appellee-defendant Airport Authority of Washoe County, Nevada (“AAWC”). We review the district court’s grant of summary judgment de novo. Soranno’s Gasco, Inc. v. Morgan, 874 F.2d 1310, 1313 (9th Cir. 1989).
Yellow Cab’s second claim is that AAWC’s insurance requirement discriminates against ground transportation companies that refuse to carry insurance, in violation of the Equal Protection Clause. It is axiomatic that a plaintiff challenging a government economic classification bears the burden to prove that such regulation is not rationally related to a legitimate government purpose. New Orleans v. Dukes, 427 U.S. 297, 303, 96 S.Ct. 2513, 49 L.Ed.2d 511 (1976) (per curiam); Ry. Express Agency v. New York, 336 U.S. 106, 109-10, 69 S.Ct. 463, 93 L.Ed. 533 (1949). A regulation requiring a public carrier to maintain an insurance policy to compensate injured customers survives rational basis review. Packard v. Banton, 264 U.S. 140, 144, 44 S.Ct. 257, 68 L.Ed. 596 (1924).
Yellow Cab’s claims against the Executive Director in her “individual capacity” appear
Accordingly, we AFFIRM the district court’s order and dismissal.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
. A § 1983 claim will lie where a government entity denies a company a business permit in retaliation for the exercise of First Amendment rights. See Soranno’s Gasco, 874 F.2d at 1314. The court applies an analysis identical to that used when a government employee brings a § 1983 claim alleging retaliation for protected speech. See id.
. Appellant's briefing on this and other issues ranged from disorganized to incoherent. Moreover, we note that appellant’s opening brief included a blank Table of Contents and an empty Table of Authorities and did not conform with Fed. R.App. P. 28(a) 2-3.
Reference
- Full Case Name
- YELLOW CAB OF RENO, INC., Plaintiff—Appellant v. RENO CAB COMPANY, INC., Plaintiff—Appellant, Airport Authority of Washoe County Krys Bart, Defendants—Appellees
- Status
- Published