Los Angeles Alliance for Survival v. City of Los Angeles

ORDER GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

I.

Introduction

Plaintiffs, the Los Angeles Alliance for Survival (“LAAS”), the Los Angeles Coalition to End Hunger and Homelessness (“LA-CEHH”) and Jerry Rubin bring this civil rights action against the City of Los Angeles, Mayor Richard Riordan and Chief of Police Bernard Parks. Plaintiffs seek a declaration that the recently enacted Los Angeles City Ordinance No. 171664 (the “Ordinance”), which prohibits “aggressive solicitation,” violates (1) plaintiffs’ free speech rights under the First Amendment to the United States Constitution, (2) plaintiffs’ right to equal protection under the First and Fourteenth Amendments to the United States Constitution; and (3) plaintiffs’ rights under the Liberty of Speech Clause, Art. 1, § 2 of the California Constitution. The Ordinance attempts to regulate aggressive solicitation in two ways. First, it is a violation of the Ordinance to solicit in an “aggressive” manner, as defined by the terms of the Ordinance. Second, the Ordinance restricts any solicitation in parking structures, near motor vehicles, in private restaurants, at public transportation stops and near automatic…