Pamelyn Vlasak v. Superior Court of California, for the County of Los Angeles

Good Law
2003 Daily Journal DAR 5127·329 F.3d 683·2003 WL 21078052·2003 U.S. App. LEXIS 9230
United States Court of Appeals for the Ninth CircuitMay 14, 200302-55977California3,495 words

Opinion

Opinion

McKEOWN, J.

Petitioner Pamelyn Vlasak seeks habeas relief from her conviction for violating a Los Angeles ordinance prohibiting the pos session, during demonstrations, of wooden objects exceeding a certain thickness. Vlasak argues that the ordinance is unconstitutional, both on its face and as applied to her, because it infringes on the First Amendment right to freedom of speech. The district court denied the petition and held that the state court reasonably determined that the ordinance was constitutional. We agree and affirm.

Background

Pierce College, a community college in Los Angeles, invited Circus Vargas to perform on campus. Pamelyn Vlasak, an actor, registered nurse, and self-described animal rights educator, went with her husband to the campus to “educate the public to the cruelty that goes on behind the big top.” As part of a planned “teach-in,” the Vlasaks brought signs, photographs, videotapes, leaflets, and press releases intended for eircusgoers. The Vlasaks also brought with them a bull hook — a large piece of wood with a metal hook on the end — as an example of a training device used to gain elephants’ obedience.

The Vlasaks joined a group of demonstrators…

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