Welton

Welton v. City of Los Angeles

Good Law
134 Cal. Rptr. 668·18 Cal. 3d 497·1976 Cal. LEXIS 368·556 P.2d 1119
Supreme Court of CaliforniaDecember 8, 1976L.A. No. 30552; Crim. No. 19092California2,694 words

Opinion

lead Opinion

Clark, J.

Vivienne Welton appeals from judgment in a declaratory relief action upholding Los Angeles Municipal Code section 42.00, subdivisions (b) and (e), as constitutional. She also seeks habeas corpus relief from contempt citations issued against her for violating an injunction based on section 42.00 and on Code of Civil Procedure section 731. Mrs. Welton contends section 42.00 and the resultant injunction are invalid abridgements of her First Amendment rights.

For 14 years Mrs. Welton sold maps to the public on the parkway of Baroda Drive near Sunset Boulevard in Los Angeles. The maps depict the addresses and routes to movie star homes. The map is copyrighted under federal law and exempted from both city business tax and state sales tax as a periodical. (Rev. & Tax. Code, § 6362.)

Section 42.00, as amended in 1972, provides: “(b) No person, except as otherwise provided in subsection (e) and (j) of this section, [ 1 ] shall on any street offer for sale, solicit the sale of, announce by any means the *502 availability of, or have in his possession, control or custody . . . any goods, wares, or merchandise which the public may purchase at any time.” 2 Subdivision (e) provides:…

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