Burkow

Burkow v. City of Los Angeles

Good Law
119 F. Supp. 2d 1076·2000 WL 1694415·2000 U.S. Dist. LEXIS 16491
United States District Court, Central District of CaliforniaOctober 17, 2000CV 00-5860 AHM (MANx)California2,939 words

Opinion

Opinion

Matz, J.

ORDER GRANTING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION ■

INTRODUCTION

Plaintiff Edward Burkow wants to advertise his car for sale by placing a “For Sale” sign in the window and leaving it there, even while the car is parked on a public street. Los Angeles Municipal Code (“LAMC”) § 80.75 prohibits him from doing so. On May 31, 2000, Plaintiff filed this action against Defendant City of Los Angeles seeking declaratory and in-junctive relief. He claims that § 80.75 impermissibly infringes on his rights under the First Amendment of the United States Constitution and Article I, Section 2 of the California Constitution. Before the Court is his Motion for Preliminary Injunction (“Motion”) seeking to enjoin Defendant from enforcing LAMC § 80.75.

The Court has reviewed the papers submitted and the file in this case, and considered oral argument of counsel. The Court grants Plaintiffs Motion because Defendant has failed to satisfy its burden to justify § 80.75’s restriction on commercial speech under each of the elements in Central Hudson Gas & Electric Corporation v. Public Service Commission, 447 U.S. 557 , 100 S.Ct. 2343 , 65 L.Ed.2d 341 (1980).

FACTUAL BACKGROUND

On September…

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