Harman

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION

Re: Dkt. Nos. 10, 10-

Plaintiff Donald Harman brings this civil rights action under 42 U.S.C. § 1983 against the City of Santa Cruz, as well as Police Chief Kevin Vogel, Lieutenant Warren Barry, Sergeant Carter Jones, and Officer Ian Burnham (collectively, “Defendants”), alleging that certain provisions of the Santa Cruz Municipal Code (“SCMC”) are unconstitutional restrictions on protected speech. Specifically, Plaintiff challenges the constitutionality of the City’s noise ordinance, SCMC section 9.36.020, as well as Chapter 9.40 et seq., which governs the use and approval of sound amplification permits. Compl. ¶ 1, Dkt. No. 1. Harman challenges the constitutionality of these two ordinances on their face and as applied to his speech, and seeks declaratory and injunctive relief, as well as nominal damages. Compl. ¶ 3.

The court has jurisdiction over the federal claims at issue pursuant to 28 U.S.C. §§ 1331 and 1343 and supplemental jurisdiction over the California State Constitution claims under 28 U.S.C. §§ 1367 . Presently before the court is Harman’s Motion for a Preliminary Injunction…