Showing Animals Respect & Kindness v. City of West Hollywood

I believe that plaintiffs Showing Animals Respect and Kindness (SHARK) and Steve Hindi did not violate West Hollywood Municipal Code chapter 11.44, which prohibits “mobile billboard advertising,” because that chapter bans only commercial speech, and not the kind of noncommercial speech engaged in by plaintiffs, namely making a case against cruelty to animals. (All chapter and section references are to the city’s municipal code.) Section 11.44.020, subdivision A makes it unlawful “for any person to conduct, or cause to be conducted, any mobile billboard advertising upon any street, or other public place within the city in which the public has the right of travel.” (Italics added.) The ordinance then states, “Mobile billboard advertising includes any vehicle, or wheeled conveyance which carries, conveys, pulls, or transports any sign or billboard for the primary purpose of advertising.” (§ 11.44.020, subd. B, italics added.)

The issue presented is, “What is advertising?” I think of advertising as promoting a product or service—commercial speech—as opposed to promoting a political or social message, such as speaking against cruelty to animals—noncommercial speech. A look at a few…

The City of West Hollywood bans all “mobile billboard advertising” of any content, at any time, on any street. Plaintiffs, anonprofit organization and its president, contend that the ban is an unconstitutional interference with their freedom of speech under the United States and California Constitutions. The trial court held that the ban is constitutional. We agree.

*818 FACTS AND PROCEEDINGS BELOW

The facts are not in dispute.

Plaintiff, Showing Animals Respect and Kindness (SHARK), is a nonprofit organization that campaigns against cruelty to animals. To promote its message, SHARK operates a truck it calls the “Tiger Truck.” The truck has four 100-inch video screens mounted on the front, back and sides. The screens depict scenes of animals being injured or killed by humans. Below the screens, LED signs proclaim messages protesting brutality against animals. The truck also broadcasts the cries of animals being abused.

Plaintiff Steve Hindi was operating the Tiger Truck in the City of West Hollywood at approximately 11:45 p.m. when he was stopped by a city code enforcement officer. The officer cited Hindi for violating a city ordinance which makes it “unlawful for any…

The City of West Hollywood bans all "mobile billboard advertising" of any content, at any time, on any street. Plaintiffs, a nonprofit organization and its president, contend that the ban is an unconstitutional interference with their freedom of speech under the United States and California Constitutions. The trial court held that the ban is constitutional. We agree.

The facts are not in dispute.

Plaintiff, Showing Animals Respect and Kindness (SHARK), is a nonprofit organization that campaigns against cruelty to animals. To promote its message, SHARK operates a truck it calls the "Tiger Truck." The truck has four 100-inch video screens mounted on the front, back and sides. The screens depict scenes of animals being injured or killed by humans. Below the screens, LED signs proclaim messages protesting brutality against animals. The truck also broadcasts the cries of animals being abused.

Plaintiff Steve Hindi was operating the Tiger Truck in the City of West Hollywood at approximately 11:45 p.m. when he was stopped by a city code enforcement officer. The officer cited Hindi for violating a city ordinance which makes it "unlawful for any person to conduct, or…