Northern California Psychiatric Society v. City of Berkeley

The City of Berkeley, California, appeals from summary judgment entered in favor of The National Association of Private Psychiatric Hospitals, national, state and local professional psychiatric associations, and Ronald Bortman, M.D., an individual psychiatrist and Berkeley taxpayer. We affirm.

I

On November 2, 1982, the voters of Berkeley adopted a local initiative measure, which was subsequently formally enacted by the Berkeley City Council as Berkeley City Ordinance 5504 (Ordinance 5504). Ordinance 5504 absolutely prohibited “[t]he administration of electric shock treatment to any person within the City of Berkeley,” declared any violation of the ordinance to be a misdemeanor, and imposed criminal punishment of up to six months imprisonment, $500 fine, or both, for any such violation.

• On December 14, 1982, respondents brought suit for a judicial declaration that Berkeley City Ordinance 5504 was unconstitutional, invalid and void on its face, and to enjoin enforcement of the ordinance. The trial court issued a preliminary injunction against enforcement of the ordinance on January 18, 1983. On July 10, 1983, respondents filed their motion for summary judgment. The…