Horton
Horton v. City of Oakland
Opinion
Opinion
Corrigan, J.
Appellants Sam C. Horton and Cheri Bryant, Oakland residents and taxpayers, brought this action to challenge a city ordinance authorizing civil forfeiture of vehicles involved in solicitation of prostitution or acquisition of controlled substances. Appellants argued unsuccessfully below that state law preempts the ordinance. We affirm the trial court’s judgment in favor of defendants.
Factual and Procedural Background
The ordinance was enacted in 1997 after citizens complained about the nuisance created by persons driving through neighborhoods to buy drugs or solicit acts of prostitution. The ordinance authorizes the seizure, forfeiture, and sale of vehicles used to solicit prostitution or acquire drugs. (Oakland Mun. Code, former ch. 3, art. 23, §§ 3-23.01-09, now tit. 9, § 9.56.010.)
Appellants filed a petition for writ of mandate and complaint for declaratory and injunctive relief enjoining respondents from enforcing the ordinance or expending public funds to do so. The superior court denied the writ, ruling that no express or implied preemption had been shown, and that the subject matter of the ordinance was a municipal affair.