Ruth Clark and Charles E. Bunker, and Cross-Appellants v. The City of Los Angeles, and Cross-Appellees

The appellants, City of Los Angeles (“the City”) and the Los Angeles Police Department (“the LAPD”) appeal from a judgment of $60,000.00 entered on a jury verdict in favor of the appellees, Ruth Clark and Charles E. Bunker. At trial Clark and Bunker asserted that the appellants selectively enforced the law, denied due process, and conspired to deny appellees Clark and Bunker’s Civil Rights in violation of 42 U.S.C. §§ 1983 and 1985(3). Appellees cross-appeal, claiming that a portion of the zoning laws is unconstitutionally overbroad. We reverse the verdict and damage award and remand for a new trial. We affirm the denial of appellees’ motion to declare the zoning laws unconstitutional.

I.

Since 1974 appellees Clark and Bunker have engaged in business as vendors on Ocean Front Walk in the Venice area, City of Los Angeles. Appellees presented evidence that certain permit and zoning requirements were discriminatorily enforced against them but not against others similarly situated, that they were continually harassed by police and zoning officials for failure to comply with those permit requirements, and that they were given incorrect, misleading or incomplete information by city…