Klein

Klein v. City of Laguna Beach

Good Law
594 F. Supp. 2d 1142·2009 WL 162703·2009 U.S. Dist. LEXIS 6768
United States District Court, Central District of CaliforniaJanuary 23, 2009Case SACV 08-01369-CJC(MLGx)California3,697 words

Opinion

Opinion

Carney, J.

ORDER DENYING PLAINTIFFS’ EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

I. INTRODUCTION

Plaintiff Steve Klein and other activists (collectively “Mr. Klein”) seek a temporary restraining order to enjoin the Defendant City of Laguna Beach (the “City”) from enforcing its amplified sound ordinance restricting the use of sound-amplification equipment near schools, City Hall, and between the hours of five p.m. and nine a.m. Because the City’s ordinance is a content neutral, reasonable restriction on the time, place and manner of speech, and because Mr. Klein has not shown that the balance of the hardships tips sharply in his favor, Mr. Klein’s ex parte application for a temporary restraining order is DENIED.

II. BACKGROUND

In January of this year, Mr. Klein requested permission from the City to en gage in three activities: (1) to use an amplified bullhorn to “communicate the Gospel and a pro-life message” to students on the sidewalks adjacent to Laguna Beach High School immediately following the final bell of the school day; (2) to conduct similar expressive activities using a bullhorn from 4 p.m. to 5 p.m. on the sidewalk outside Laguna Beach City Hall; and (3) to travel…

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