City of Moreno Valley v. Desert Outdoor Advertising, Inc.

How later courts describe this case

• applying Alexander and holding that “the union cannot consent for the employee by signing a collective bargaining agreement that consigns the enforcement of statutory rights to the union-controlled grievance and arbitration machinery created by the agreement”
• reversing the conviction and holding that evidence of membership in a gang cannot serve as proof of intent, because, while someone may be an “evil person,” that is not enough to make him guilty under California law
• arbitration act might be better regarded "not as a source of jurisdiction at all but merely as a prescription of procedures for a class of cases otherwise within federal jurisdiction"
• “Desert and OMG also have standing to challenge the permit requirement, even though they did not apply for permits, because applying for a permit would have been futile.”
• “Plaintiffs challenge to the Secretary’s interpretation is brought under the APA, and courts have held that the anti-injunction clause of § 1082(a)(2) does not preclude relief for APA claims”