Church of the Soldiers of the Cross of Christ v. City of Riverside

ORDER RE:

SUMMARY JUDGMENT

The motion of Plaintiffs Church of the Soldiers of the Cross of Christ of the State of California, and one of its pastors, Luis Zepeda (collectively “Church”) for summary judgment against Defendants City of Riverside and Ken Fortier (collectively “City” or “Riverside”) came on regularly for hearing before the Court on February 27, 1995.

Upon consideration of the moving and opposing papers, the oral arguments of counsel and all other matters presented, the Court hereby GRANTS Plaintiffs’ motion for summary judgment.

PROCEDURAL BACKGROUND:

Plaintiffs filed a complaint for injunctive and declaratory relief against the City in this Court on November 30, 1994.

The Church filed an application for a temporary restraining order along with its complaint, maintaining that Riverside Municipal Code § 9.04.010, entitled “Aggressive Soliciting Prohibited,” violates the California Constitution, the United States Constitution, and the Religious Freedom Restoration Act of 1993, 42 U.S.C. § 2000bb et seq.

The Court granted Plaintiffs’ application for a temporary restraining order on November 30, 1994, enjoining the City from enforcing the ordinance against the…