The following excerpt is from Venerian Casino Resort v. Local Joint Execitive Bd of Las Vegas, 257 F.3d 937 (9th Cir. 2001):
Therefore, because this sidewalk is on property that is and always has been private, the most compelling cases which hold private property subject to First Amendment protection due to a dedication are inapplicable here. They either involve property that had previously been public or still retained an underlying public character. See Freedom from Religion Foundation v. City of Marshfield, 203 F.3d 487, 490 (7th Cir. 2000) (city converted a portion of a public park into private property, while reserving a covenant running with the land that restricts the use of the parcel
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