Browne

Appellants Nancy Russell, City Clerk of the City of Los Angeles (the Clerk), and Americans for Nonsmokers’ Rights, American Lung Association of Los Angeles County, Inc., and Marilyn Jennett (interveners) appeal from a writ of mandate issued in favor of respondents Gregory Q. Browne, Fredric A. Shinerock and Maurice Prince. In its order, the superior court declared unconstitutional section 339 of the City of Los Angeles Election Code.

The question presented is whether, as applied, an ordinance requiring that circulators of referendary petitions be residents and registered voters of a charter city violates respondents’ free speech or the right to challenge local government through referendum. We hold that it does not and reverse the order of the superior court.

Background

On June 25, 1993, the City of Los Angeles (City) published an ordinance prohibiting smoking in restaurants (the ordinance). The Los Angeles Hospitality Coalition, which describes itself as “including restaurants, hotels, motels, tobacco manufacturers, beverage manufacturers, food companies, night clubs and many other concerned citizens,” sought to block enforcement of the ordinance. The coalition hired…