Rubin

ORDER

This matter is a First Amendment challenge to a recently-enacted City of Santa Monica ordinance (hereinafter, the “ordinance”) brought by Plaintiffs, who are community activists. The ordinance establishes a scheme whereby groups of 35 or more which seek to congregate in city parks must apply beforehand for permits.

Plaintiffs have requested a preliminary injunction restraining the City from enforcing the ordinance.

I. THE ORDINANCE

In relevant portions, City of Santa Monica Ordinance Number 1668 (CCS) provides:

II. STANDARD FOR ISSUING A PRELIMINARY INJUNCTION

Both sides have cited Chalk v. United States Dist. Ct., 840 F.2d 701 (9th Cir.1988), as providing the appropriate standard for issuing a preliminary injunction. Under Chalk,

840 F.2d at 704 (quotations and citations omitted).

III. ANALYSIS

1. Standing

For purposes of standing under Article III of the Constitution, litigants need not actually apply for and be denied a permit prior to bringing a constitutional challenge against an ordinance which allegedly vests unbridled discretion in government officials to permit or deny expressive activity. See City of Lakewood v. Plain Dealer Pub. Co., 486 U.S. 750, 755-56…