Remer

The defendants, City of El Cajon et al, appeal a judgment which declared El Cajon Municipal Code section 25-7 unconstitutional, and permanently enjoined its enforcement.

In August 1973, the El Cajon City Council adopted Ordinance No. 2651 adding section 25-7 to the Municipal Code. Plaintiffs Lariy Remer, Doug Porter et al published a newspaper, The Door to Liberation, which they distributed predominantly through coin-operated vending machines placed on public sidewalks in El Cajon. Enforcement of the ordinance had a seriously adverse effect on circulation of The Door to Liberation.

Section 25-7 reads:

The City of El Cajon contends the ordinance is valid as an attempt to improve safety and aesthetics, and to avoid discrimination favoring distribution of newspapers over other merchandise.

We recognize the city’s limited right under its police power to regulate potentially injurious methods of communication. However, such restrictions must be reasonable and necessary (Wollam v. City of Palm Springs, 59 Cal.2d 276, 284 [ 29 Cal.Rptr. 1 , 379 P.2d 481 ]). The cure of slight inconveniences or annoyances will not justify the regulation (Cox v. Louisiana, 379 U.S. 559, 564 […