National Delivery Systems, Inc. v. City of Inglewood

Good Law
117 Cal. Rptr. 791·1974 Cal. App. LEXIS 1336·43 Cal. App. 3d 573
Court of Appeal of CaliforniaNovember 29, 1974Civ. 42459California2,209 words

Opinion

Opinion

Ashby, J.

This is an appeal from an order of the superior court refusing to grant a preliminary injunction and dissolving a temporary restraining order. Appellant National Delivery Systems, Inc., a private postal system engaged in the business of distributing certain printed materials and handbills to residences and other locations in the City of Inglewood, sought to enjoin enforcement of the city’s ordinance regulating peddling, solicitation and distribution of advertising literature on residential property.

The question presented by this appeal is whether appellant has made a showing that the ordinance in question hampers the distribution of printed matter protected by the First Amendment of the United States Constitution and therefore should be denied enforcement.

Upon review of the record we find no showing that the ordinance exceeds the scope of permissible regulation of purely commercial distribution, and therefo.re we affirm the trial court’s order.

According to the complaint, appellant “is a private postal system engaged primarily in the business of delivering and distributing a variety of commercial and non-commercial printed material and handbills to the residences,…

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