Prigmore

Prigmore v. City of Redding

Good Law
211 Cal. App. 4th 1322·12 Cal. Daily Op. Serv. 13
Court of Appeal of CaliforniaDecember 13, 2012No. C068866; No. C068873California10,597 words

Opinion

Lead Opinion

Duarte, J.

At issue in this case is to what extent defendants may limit plaintiffs’ disseminating of leaflets on the outdoor grounds of the Redding *1328 Municipal Library (the Library). To regulate leafleting on the Library campus, the City Council of Redding, acting as the Library’s board of trustees, adopted an outdoor public forum policy (the Policy). Among other restrictions, the Policy limited leafleting to a specific “free speech area”, in front of the Library, prohibited leafleting involving solicitation, banned leafleting of vehicles in the parking lot, and prohibited “offensively coarse” language or gestures. It also required (restricted) online reservations for use of the “free speech area.”

Two organizations (and certain of their members) separately challenged these portions of the Policy. Each organization obtained a preliminary injunction enjoining enforcement of these portions of the Policy and other regulations. On appeal, the City of Redding and other defendants contend the trial court erred in finding the Library was a public forum, and that even if the classification as a public forum were correct, the court misapplied the intermediate scrutiny standard to the…

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