
    Michael James BERGER, a single man also known as Magic Mike, Plaintiff-Appellee, v. CITY OF SEATTLE; Virginia Anderson, Director of Seattle Center; Michael Anderson, Emergency Service Manager for Seattle Center; Ten Unknown Employees/Officers, of the Seattle Center and the City of Seattle, all in both their individual and official capacities, Defendants-Appellants.
    
      No. 05-35752.
    United States Court of Appeals, Ninth Circuit.
    July 14, 2008.
    Robert Corn-Revere, John R. Scannell, Davis Wright Tremaine LLP, Washington, DC, Elena Luisa Garella, John R. Scan-nell, Seattle, WA, for Plaintiff-Appellee.
    Gary Keese, Seattle City Attorney’s Office, Seattle, WA, for Defendants-Appellants.
   ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonre-cused 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.  