Blythe

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DON BLYTHE, an individual, Case No.: 24-cv-02211-GPC-DDL

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANT’S

MOTION TO DISMISS

CITY OF SAN DIEGO,

Defendant. [ECF No. 20] 16 INTRODUCTION Plaintiff Don Blythe challenges the constitutionality of City of San Diego Ordinance O-21822 (“the Ordinance”), which regulates certain types of speech within 100 feet of health care facilities, places of worship, and school grounds (the “Covered Facilities”). ECF No. 18 (“FAC”) ¶¶ 26; see ECF No. 20-2 at 21–48 (the Ordinance). Within this radius, the Ordinance prohibits individuals from “knowingly and willfully approach[ing] within eight feet of a person in the public right-of-way or sidewalk area seeking to enter or exit a health care facility, place of worship, or school grounds” to pass leaflets, display signs, or engage in oral protest, education, or counseling, unless…