Jack Gerritsen v. City of Los Angeles, Jack Gerritsen v. City of Los Angeles

I. OVERVIEW

Appellant Jack Gerritsen (“Gerritsen”) has strongly held opinions about the Mexican government and United States-Mexico relations. Gerritsen has sought to express these views by distributing literature, giving speeches, organizing rallies, and utilizing a variety of other protest activities throughout the greater Los Angeles area.

Appearing pro se below and before this court, Gerritsen brought these two actions under 42 U.S.C. § 1983 (1988) for deprivation of his First Amendment rights. The suits culminated in judgments for the defendants-appellees — the City of Los Angeles (“the City”) and several of its employees — after separate bench trials. The cases have been consolidated on appeal as they raise similar issues and involve many of the same defendants.

We affirm the district court as to most of Gerritsen’s claims, but reverse as to those involving the City’s policies on handbill distribution in a public park. We hold that the City’s ban on handbill distribution in certain areas of a public park and its permit scheme for handbill distribution in other areas of the park are not valid time, place or manner restrictions on protected speech in a public forum.

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