Ross A. JOHNSON, Plaintiff-Appellant, v. CALIFORNIA STATE BOARD OF ACCOUNTANCY, Et Al., Defendants-Appellees

ORDER

The Defendant-Appellee’s request for publication pursuant to Ninth Circuit Rule 36-2 is hereby GRANTED. Accordingly, all third-party requests for publication are also hereby GRANTED. The memorandum disposition filed July 25, 1995 in the above-captioned matter is redesignated as an authored opinion by Judge Cecil F. Poole.

OPINION

Ross A. Johnson appeals the district court’s denial of his motion for a preliminary injunction. Johnson, who has been a certified public accountant (CPA) since 1974, sought to enjoin the California State Board of Accountancy (the Board) from investigating and disciplining him for violations of California Business and Professions Code § 5061. Section 5061 prohibits those engaged in the practice of public accountancy from accepting commissions. Johnson alleges that California’s prohibition on commissions is triggered by Johnson’s use of constitutionally protected speech and therefore should be subject to a strict scrutiny test. Johnson argues that the district court erred in denying his motion for preliminary injunction because it erroneously applied a rational basis test rather than strict scrutiny. Because the district court correctly determined…