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The City of Garden Grove (city) enacted an ordinance (1) requiring “CyberCafes” to obtain a conditional use permit (CUP) to continue *430 in business, and (2) regulating their operations. 1 Several CyberCafe owners (plaintiffs) sought a preliminary injunction, contending portions of the ordinance infringed free speech and privacy rights protected by the First Amendment of the United States Constitution and article I, sections 1 and 2 of the California Constitution. The court preliminarily enjoined the city from enforcing portions of the CyberCafe ordinance, and the city appeals. We conclude the court abused its discretion by preliminarily enjoining enforcement of the operational regulations, but appropriately exercised its discretion when it enjoined enforcement of the CUP requirement. Accordingly, we affirm the order in part and reverse it in part.

FACTS AND PROCEDURAL BACKGROUND

By memorandum of December 31, 2001, Joseph M. Polisar, the city’s chief of police, advised the city manager of the rapid growth in the number of CyberCafes operating in the city. In the space of two years, the number of these establishments had risen from three to a total of 20. Polisar’s…

I respectfully dissent to the most important part of the majority opinion, in which it holds that Garden Grove may require video surveillance in every cybercafe in the city, regardless of whether that cybercafe has experienced any gang-related violence, or, indeed, even any problems of the most minor nature.

This is an appeal by the city from the grant of a preliminary injunction by the trial court, which means that where there is a conflict or inference in the evidence, it must be drawn in favor of the trial court’s decision. Yet there was substantial evidence to support the trial court’s grant of a preliminary injunction against the city, particularly the intrusive video surveillance requirement. The majority only grudgingly acknowledges (and only in response to this dissent) that under the evidence submitted by the city, only three of 22 cybercafes have experienced “gang-related” violence, only two more have experienced serious crime of any kind (one of the two was a drug deal), nor do they tell the reader that the city’s own evidence concerning cybercafes in other cities showed no gang-related crimes at cybercafes outside of Garden *451 Grove. That leaves 17 cybercafes which…

The City of Garden Grove (city) enacted an ordinance (1) requiring "CyberCafes" to obtain a conditional use permit (CUP) to continue in business, and (2) regulating their operations. [1] Several CyberCafe owners (plaintiffs) sought a preliminary injunction, contending portions of the ordinance infringed free speech and privacy rights protected by the First Amendment of the United States Constitution and article I, sections 1 and 2 of the California Constitution. The court preliminarily enjoined the city from enforcing portions of the CyberCafe ordinance, and the city appeals. We conclude the court abused its discretion by preliminarily enjoining enforcement of the operational regulations, but appropriately exercised its discretion when it enjoined enforcement of the CUP requirement. Accordingly, we affirm the order in part and reverse it in part.

By memorandum of December 31, 2001, Joseph M. Polisar, the city's chief of police, advised the city manager of the rapid growth in the number of CyberCafes operating in the city. In the space of two years, the number of these establishments had risen from three to a total of 20. Polisar's memorandum detailed seven incidents of…