
    Robert NORSE, Plaintiff-Appellant, v. CITY OF SANTA CRUZ; Christopher Krohn, individually and in his official capacity as Mayor of the City of Santa Cruz; Tim Fitzmaurice; Keith A. Sugar; Emily Reilly; Ed Porter; Scott Kennedy; Mark Primack, individually and in their official capacities as Members of the Santa Cruz City Council; Loran Baker, individually and in his official capacity as Sergeant of the Santa Cruz Police Department; Steven Clark, Defendants-Appellees.
    No. 07-15814.
    United States Court of Appeals, Ninth Circuit.
    March 12, 2010.
    David John Beauvais, Oakland, CA, Kathleen Elizabeth Wells, Esquire, Law Office of Kate Wells, Santa Cruz, CA, for Plaintiff-Appellant.
    George J. Kovacevich, Esquire, Atchison, Barisone & Condotti A. Professional Corporation, Santa Cruz, CA, for Defendants-Appellees.
    D.C. No. CV-02-01479-RMW.
   ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonreeused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.  