Berkeley Community Health Project v. City of Berkeley

ORDER GRANTING IN PART PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION AND PRELIMINARY INJUNCTION

Plaintiffs’ Motion for Preliminary Injunction was heard by this Court on April 21, 1995. Having considered the oral argument and papers filed by the parties, and good cause appearing, the Court hereby GRANTS the Petitioner’s motion in part and issues a preliminary injunction pending final disposition of this action, enjoining the enforcement of the Solicitation Ordinance in its entirety, and enjoining the Sitting Ordinance with respect to the conduct of sitting.

Statement of Facts and Issues

This action challenges two recently enacted ordinances of the City of Berkeley, Berkeley Municipal Code § 13.37 (the “Solicitation Ordinance”) and Berkeley Municipal § 13.36.015 (the “Sitting Ordinance”). The instant motion seeks to enjoin Defendants from taking action to implement or enforce the two challenged ordinances pending final determination of this action.

The Solicitation Ordinance regulates the act of solicitation, defined as asking for the immediate payment of money or goods by words, gestures, signs or “other means,” whether or not in exchange for goods, services or other…