The court of appeals affirmed a judgment of the district court. The court held that beaches owned by a general improvement district were not a traditional public forum, and that exclusion of an individual from the beaches did not violate his First Amendment or Fourteenth Amendment rights.
The Incline Village General Improvement District (IVGID) acquired property in 1968 that included four beaches. The land within the 1968 boundaries (1968 property) was purchased and improved with proceeds derived from the sale of public bonds. The deed conveying the 1968 property to IVGID contained a restrictive covenant providing that the property would be used and maintained only for the use of, and the benefit of, the 1968 property owners and their tenants.
