Alternatives for California Women, Inc. v. County of Contra Costa

The subject of this litigation is an ordinance which was initially enacted by the Board of Supervisors of defendant and respondent County of Contra Costa (County) prior to 1978. In its form as enacted, the ordinance prohibited door-to-door “soliciting” in the unincorporated area of the County between 7 p.m. and 8 a.m. Plaintiff and appellant Alternatives for California Women, Inc. (ACW), is a nonprofit California corporation which is organized and operated for charitable and political purposes. It distributes information about itself, and solicits funds, in “door-to-door canvassing” by its representatives.

ACW commenced this action against respondents (the County and its sheriff) in 1978, seeking (1) injunctive relief against the enforcement of the ordinance on the ground that it was unconstitutional and (2) a declaratory judgment to that effect. The action was submitted on stipulated evidence received at a nonjury trial. The trial court entered a judgment in which it denied injunctive relief and declared in effect that the ordinance was constitutional.

ACW appealed from the judgment. During the pendency of the appeal, and long after it had been fully briefed, the board…