Loshonkohl

The issue presented in this case is whether Civil Code section 47.5 (undesignated section references are to this code) is unconstitutional under the First Amendment as improper content-based discrimination. We answer this question in the negative and affirm.

Factual and Procedural Background

Appellant failed to designate a reporter’s transcript of the trial; thus, our factual summary derives from the trial court’s statement of decision.

Dona Loshonkohl, a veteran police officer with the City of San Diego Police Department (SDPD), was responsible for establishing good community relations as part of the SDPD’s “Community Oriented Policing” program. Part of this program, called the “Problem Oriented Policy” (POP) program, focused on designing solutions to alleviate specific problems within a community.

James M. Kinder operates a car rental business, and several other businesses, from a location on India Street in San Diego. After a confrontation with Kinder on August 14, 1998, Loshonkohl obtained approval for a POP project to deal with problems near Kinder’s businesses, including problems *513 with abandoned vehicles, parking, creating a neighborhood eyesore and code…