Reversed and remanded.
"Off-duty police officer was acting as a state actor when he commanded demonstrator to leave art festival, for purposes of action brought against city alleging First Amendment free speech violation stemming from demonstrator's exclusion from art festival held pursuant to a non-exclusive block party permit, regardless of whether the officer was on or off duty, where he presented himself as a police officer, he was dressed in his official police uniform and his badge was displayed, he identified himself as an officer and, while he did not actually arrest demonstrator, he nevertheless threatened arrest." U.S.C.A. Const.Amend. 1.
If, however, the forum is found to be nonpublic, “[t]he Government's decision to restrict access ... need only be reasonable; it need not be the most reasonable or the only reasonable limitation.” Cornelius, 105 S.Ct. at 3453 (emphasis in original). But “[t]he existence of reasonable grounds for limiting access to a nonpublic forum ... will not save a regulation that is in reality a facade for viewpoint-based discrimination.” Id. at 3454. Citing Cornelius v. NAACP Legal Defense and Educational Fund, Inc., 473 U.S. 788, 105 S.Ct. 3439 U.S.Dist. (Col.,1985)
KingCast flat out told all of the State Actors and Di Lothrop and anyone standing in the immediate vicinity:
“I am being singled out to leave, and this is unlawful,This is of course obvious because Dennis Hogan and Di Lothrop had already admitted KingCast into the event, with the express understanding that I was there as a REPORTER. But then Ryan and Kelly went to work on me because they couldn't control my editorial content. You haters watch the friggin' movie and shaddup already.