e-Bulletin: Ninth Circuit Rules on First Amendment - City Parades & Special Events Ordinance

The Ninth Circuit last week followed up its 2006 opinion in Santa Monica Food Not Bombs v. City of Santa Monica, 450 F. 3d 1022 (9^th Cir. 2006), with another opinion regarding the constitutionality of municipal ordinances regulating parades and special events.

In Long Beach Area Peace Network v. City of Long Beach, 2008 WL 1722825 (9th Cir. 2008), the Court upheld some provisions and found some to be unconstitutional as follows:

Unconstitutional Provisions

• The Ordinance’s definition of “Special Event” was not narrowly tailored to any substantial governmental interest.
  
• The Ordinance’s definition of “Spontaneous Event” was not narrowly tailored to any substantial governmental interest, and failed to leave open adequate alternative means of expression for reactive speech.
  
• Indemnification language included in the permit was overbroad and not narrowly tailored to substantial governmental interests. 
  
• The Ordinance impermissibly gave the City Council excessive discretion to waive fees for permits and City services.

Constitutional Provisions

• A content-neutral distinction between expressive and non-expressive activities.
  
• City Manager discretion to impose permit conditions to achieve enumerated purposes.
  
• City Manger discretion to require “relevant information and documentation” necessary to verify the indigent status of an individual requesting a fee waiver.
  
• City Manager discretion to require either insurance necessary under the circumstances, or indemnification, or a redesign of the event to address specific risks.
  
• A misdemeanor penalty for unknowing violations of the Ordinance.

The case has been remanded to the District Court to determine whether the unconstitutional provisions are severable from the constitutional provisions.  If not, the entire ordinance is likely to be struck down. 

Municipal Constitutional Law Group

For more information on Long Beach Area Peace Network v. City of Long Beach, Food Not Bombs v. City of Santa Monica, and other laws governing municipal regulation of marches, parades and other speech activities, please feel free to contact any member of our Municipal Constitutional Law Group.  The Constitutional Law Group is a sub-group of experts within our Municipal Law Practice Group, dedicated to serving cities and other public agencies throughout California.