Aubin

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

TERESITA AUBIN, DAVID Case No. 21-cv-07938 NC BROWNFIELD, and WYNETTE SILLS, ORDER GRANTING AND DENYING Plaintiffs, IN PART CROSS-MOTIONS FOR SUMMARY JUDGMENT; v. PERMANENTLY ENJOINING ENFORCEMENT OF THE ROB BONTA, in his official capacity as “HARASSING” PROVISION OF Attorney General of California, CALIFORNIA PENAL CODE § 594.39 Defendant. Re: ECF 33, 34

18 In this case, the First Amendment’s constitutional guarantee of free speech collides against a new California criminal statute that protects access to vaccination sites but exempts labor dispute picketing. This case is one of three separate federal court lawsuits challenging enforcement of the California statute that creates vaccination site buffer zones. The statute, California Penal Code § 594.39, became effective October 8, 2021, upon the passage of Senate Bill 742. It makes it…