Women's International League for Peace & Freedom v. City of Fresno

*32 Opinion

In this case we consider whether a municipal code provision prohibiting political advertising on municipally owned and operated buses was constitutional. We conclude the trial court erred when it found that municipally owned and operated buses became public forums for political advertising once the city agreed to accept commercial advertising.

In 1981 plaintiff Women’s International League for Peace and Freedom, Fresno Branch (League) sued defendant City of Fresno (City) among others in a verified complaint for declaratory and injunctive relief. The League challenged a Fresno Municipal Code section as well as City’s application of the section which resulted in the removal of the League’s advertising signs from Fresno Transit buses.

Following a court trial, the superior court declared the section unconstitutional and enjoined City from enforcing it against the League. The court, however, denied the League’s request for a mandatory injunction requiring City to replace and display the destroyed signs. City appeals the judgment to the extent it declares section 2-2809(c) unconstitutional and enjoins City from enforcing it against the League. The League challenges the…