Hillman

Hillman v. Britton

Good Law
111 Cal. App. 3d 810·168 Cal. Rptr. 852·1980 Cal. App. LEXIS 2408
Court of Appeal of CaliforniaNovember 5, 1980Civ. 4030California5,241 words

Opinion

Opinion

Pierson, J.

This case presents an appeal from a "Ruling on Application for Preliminary Injunction” which denied appellants’ request for a preliminary injunction against enforcement of Fresno Municipal Code section 6-701 et seq.

Appellant Donald Hillman is the president and minister of the Little Country Church, a charter of the Universal Life Church, Inc., a California nonprofit religious corporation.

Donald Hillman and his wife Grace sought to engage in charitable solicitations and solicitations to support their church and charitable work of their church. They pursued that endeavor without first having applied for or obtained a license to solicit pursuant to Fresno Municipal Code section 6-701 et seq. (hereinafter referred to as Fresno ordinance) governing charitable and religious solicitation. Their efforts to obtain monetary support for their intendments were interrupted by the threat of criminal action. The Fresno ordinance requires a license issued by the Fresno City Controller in order to engage in most religious or charitable solicitations. Violators are subject to misdemeanor prosecution.

The Hillmans filed a complaint which embodied a civil rights suit to enjoin…

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