Paul N. Halvonik v. Ronald Reagan and Frank Madigan

In early 1969, the City of Berkeley had become the setting for acts of vio lence and disorder, with attention focusing on a piece of unimproved land within the City owned by the University of California, which, in course of time, became popularly known as “People’s Park.” On February 5, 1969, appellee Reagan, as Governor, determined that a state of extreme emergency existed in the City. This determination, under California law, § 1581 California Military and Veterans’ Code, authorized the Governor to exercise, within the designated area, all police powers vested in the state and to “promulgate, issue and enforce rules, regulations and orders which he considers necessary for the protection of life and property.”

On May 15, 1969, a riot occurred when four companies of highway patrol officers stationed on the property were confronted by a mob estimated at more than 2,000 persons. Property damage and personal injury resulted. That evening, in response to a request by Berkeley officials, appellee Reagan promulgated the regulations here in question:

On May 19 this suit was brought by four Berkeley citizens, challenging the constitutionality of the regulations and seeking injunctive…