Perry
Perry v. Los Angeles Police Department
Opinion
Lead Opinion
Hall, J.
Plaintiffs appeal from the district court’s judgment for defendants as a matter of law following the presentation of plaintiffs’ evidence in a bench trial. This court has jurisdiction pursuant to 28 U.S.C. § 1291 . We find Los Angeles Municipal Code § 42.15 facially unconstitutional and REVERSE the judgment of the district court.
I. Facts
Plaintiff Perry is a musician and performance artist who solicits donations for his *1367 performances and sells recordings of his music. He is a member of the Sikh religion, and his musical lyrics include excerpts from the Holy Book of his religion and imply religious content.
Plaintiff Newman is an activist who, on behalf of the “Animal Freedom Fighters,” an unincorporated group of individuals, solicits donations and distributes messages regarding animals’ rights through the sale of literature, books, t-shirts, bumper stickers, buttons, and other articles bearing political slogans, such as “Meat is Murder.”
Defendants are the Los Angeles Police Department (“LAPD”), the City of Los Angeles (“the City”), and officers of the LAPD responsible for enforcing Los Angeles Municipal Code § 42.15, which plaintiffs contend is…