Reber

MEMORANDUM OPINION

This is a suit for declaratory- and injunctive relief pursuant to 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201-02 , brought by International Society For Krishna Consciousness, Inc. (“ISKCON”, a non-profit California corporation) and Hasyapriya Das, who is an adherent to the teachings of ISKCON, to enjoin the arrest and prosecution of its members for trespass while distributing religious literature and soliciting donations to support Plaintiffs’ church on a segment of the sidewalks abutting Grand Avenue between Crescent Avenue and La Palma Avenue, Buena Park, California. The cause was tried to the Court on stipulated facts.

Defendants are Robert Reber, Buena Park City Police Chief; Cecil Hicks, Orange County District Attorney; Knott’s Berry Farm, a California partnership which operates an amusement park in Buena Park known as Knott’s Berry Farm; and Russell Knott, a partner in the Knott’s Berry Farm partnership.

The Plaintiffs predicate their action against the Defendants on the right to freedom of speech protected under the First and Fourteenth Amendments.

I THE FACTS

Grand Avenue begins at its southern point in a residential community and proceeds north…