Mardi Gras of San Luis Obispo v. City of San Luis Obispo
Opinion
Opinion
Collins, J.
ORDER RE: PLAINTIFF’S APPLICATION FOR PRELIMINARY INJUNCTION
Plaintiffs application for a preliminary injunction (the “Application”) came on regularly for hearing before this Court on February 5, 2002. After reviewing the materials submitted by the parties, argument of counsel, and the ease file, it is hereby ORDERED that Plaintiffs application is GRANTED.
I. Background
Mardi Gras of San Luis Obispo (“MGSLO”) claims that since 1978, it has sponsored a parade in the City of San Luis Obispo (the “City”) to celebrate “Fat Tuesday,” a religious holiday marking the beginning of Lent. MGSLO claims that the parade, which is substantially similar from year to year, is held over a one mile span of Marsh Street in the center of the City and generally lasts for one to two hours. See Declaration of Connie Anderson (“Anderson Decl”) at ¶ 2.
The license and permit requirements and regulations concerning parades and special events in the City of San Luis Obispo are codified in the San Luis Obispo Municipal Code (“SLOMC”) Chapter 5.76 et seq.
On November 6, 2001, the City Council adopted Resolution No. 9251 (2001 Series) (the “Resolution”) which, among other things, eliminated a cap of…