The United States Court of Appeals for the Ninth District has upheld the District Court for the Eastern District of California’s granting of BPELSG’s motion to dismiss Crownholm’s appeal from his citation by the Board for unlicensed practice of land surveying.
In a Memorandum issued March 7, the Court of Appeals analyzed Crownholm’s arguments and determined that they were insufficient to overturn the District Court’s ruling.
Crownholm’s appeal from the Board citation was filed in federal court under the guise of protection of freedom of speech under the First Amendment. The District Court held that, while speech is protected, actions contrary to California’s regulatory scheme are not.