Cpr for Skid Row v. City of Los Angeles

This appeal presents the question of whether California Penal Code § 403, which makes it a misdemeanor to “willfully disturb[ ] or break[ ] up any assembly or meeting that is not unlawful in its character, other than an assembly or meeting referred to in ... Section 18340 of the Elections Code,” is constitutional. Plaintiffs challenge that statute both facially and as applied to them. We hold that § 403 is not unconstitutional on its face and affirm, in part, the decision of the district court to that effect. Because § 403 does not properly apply to Plaintiffs’ activity, however, we reverse the district court’s summary judgment dismissing the action and remand for further proceedings.

I. Background

Plaintiffs are an organization, CPR for Skid Row, and two of its members, Hamid Khan and Pete White (collectively “CPR” or “Plaintiffs”). CPR was founded in 2011 to advocate for the rights of people who reside in the area of downtown Los Ange-les known as Skid Row. White is also a founder and co-director of the Los Angeles Community Action Network.

CPR and its members oppose walks through the Skid Row neighborhood sponsored by the Central City East Association (“CCEA”). CCEA…

concurring in part and dissenting in part:

I concur in the majority’s reversal of the district court’s judgment in favor of the defendant and its holding that § 403 of the Penal Code may not be applied to plaintiffs. I would reach the latter decision, however, by holding that § 403 (and §§ 18340 and 302 as well) are unconstitutionally void for vagueness and not simply as applied in the particular circumstances. In addition, although I would not decide the question, I believe the statutory scheme, or at least a part of it, is likely also unconstitutional as content-based. Essentially, I believe that the majority’s decision simply does not go far enough and will lead to unnecessary confusion regard *1112 ing the applicability of the various sections of the antiquated statutory scheme to expressive conduct that interferes with or disrupts various types of public meetings. More important, it will leave the citizens of California without clear guidance as to the exercise of their First Amendment rights to engage in public protests. That, in my view, is not an acceptable result.

I.

Penal Code § 403 applies broadly to lawful meetings. It provides simply that anyone who “willfully…

I. Background

Plaintiffs are an organization, CPR for Skid Row, and two of its members, Hamid Khan and Pete White (collectively “CPR” or “Plaintiffs”). CPR was founded in 2011 to advocate for the rights of people who reside in the area of downtown Los Angeles known as Skid Row. White is also a founder and co-director of the Los Angeles Community Action Network.

CPR and its members oppose walks through the Skid Row neighborhood sponsored by the Central City East Association (“CCEA”). CCEA is a non-profit corporation that administers two Business Improvement Districts in downtown Los Angeles and “serve[s] as the principal voice of industrial downtown.” In conjunction with the Midnight Mission and Los Angeles City Councilperson Jan Perry, the

CPR FOR SKID ROW V. CITY OF LOS ANGELES

CCEA in 2005 began organizing community neighborhood walks through Skid Row (the “Walks”). According to the CCEA, the Walks are attended by public officials, law enforcement, members of the judiciary, students, academics, local business owners, social service providers, and the media. The Walks take place on the public sidewalks of the Skid Row neighborhood and, according to the…