Gonzales v. Superior Court

Petitioner filed this writ of mandate action seeking relief from the denial of his request on constitutional grounds to enjoin the enforcement of the City of Santa Paula’s (City) “sign” ordinance, enacted on November 5, 1985. He challenges the constitutionality of the ordinance, both on its face and as applied to him. The City confiscated four signs, critical of city government, petitioner had placed on his private vehicle and had legally parked on a state highway in the City.

Petitioner asserts that he and his fellow citizens are deprived of the constitutional rights of freedom of speech, assembly and petition for redress of grievances under article I, sections 2 and 3 of the California Constitution and parallel provisions in the United States Constitution. He further alleges the ordinance deprives him and the public of due process and equal protection under the Fourteenth Amendment to the United States Constitution and under article I, section 7 of the California Constitution in that the ordinance arbitrarily and capriciously discriminates against those people displaying certain temporary signs as opposed to permanent ones. Moreover, he claims the ordinance…