Theodore Jaffe and Warren Havens v. Doris Alexis, Director of the Department of Motor Vehicles, an Agency of the State of California

This is an appeal from the judgment of the United States District Court for the Northern District of California permanently enjoining the California Department of Motor Vehicles (Department) from enforcing its administrative policy prohibiting all speech and fund solicitation activities con ducted by religious groups on Department property. Appellees, Theodore Jaffe and Warren Havens, are members of the International Society for Krishna Consciousness (Krishnas), a religious organization. They brought this action pursuant to 42 U.S.C. § 1983 against Doris Alexis, Director of the Department. We affirm the judgment.

I

As Krishnas, appellees are spiritually motivated to perform a religious ritual known as “Sankirtan.” That ritual consists of the dissemination of religious tracts and small gifts to the public and the solicitation of funds to support the religion. These activities are undoubtedly constitutionally protected speech, cloaked with the protections of the First Amendment. See Heffron v. International Society for Krishna Consciousness, - U.S. -, -, 101 S.Ct. 2559, 2563 , 69 L.Ed.2d 298 (1981). Appellees brought this suit to gain the right to perform Sankirtan on the exterior…