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Form 211 Huntington Beach California: What You Should Know

Plaintiff also brought an equal protection claim alleging that the Sheriff's use of his County authority and his county employees to enforce the enforcement of the ordinance violated the First and Fourteenth Amendments to the United States Constitution....  The trial court upheld the ordinances [hereinafter cited as the “P.A.O. Ordinance”], ruling that “[t]he evidence is overwhelming that the ordinance is essential to the successful accomplishment of the goals of [the] City....” In upholding §5, the trial court stated, “(i) the ordinance reflects the policies of the city and is therefore reasonable under the circumstances, and (ii) the ordinance is rationally related to those goals and therefore the burden of defending §5 is reasonable.” As to the first issue, the court noted that “[i]t is undisputed that the ordinance is both reasonably related to the City's goals and rationally related to those goals. Indeed, those goals are so rooted in long-standing City practices that it would be a stretch to argue that the city's policy of enforcing this ordinance is wholly unrelated to them.” On the issue of rational relationship, the court stated: “The Court of Appeal observed that “[e]very rational public policy, such as that embodied in the policy of the ordinance, is subject to legitimate government restrictions designed to minimize its impact upon the individual's freedoms of expressive conduct and personal relationships. Inherent in the existence of such restrictions, at least as a general proposition, must be a recognition that certain limitations on the exercise of First Amendment freedoms cannot serve society's goal of assuring orderly and orderly government. To the extent that there are such legitimate constraints, the exercise of such freedoms must be tempered by an understanding that the limitations are designed by the people to be reasonable. These rules of thumb are based upon a recognition of inherent limitations on a person's freedom to speak and act.”  The Court of Appeal concluded that because “[n]nothing can be more fundamental to our system of government than the individual's right to speak freely on matters of public concern and the right of free speech”, “the fact that individuals have rights to speak on public issues does not mean that a local or state government has every right to take those rights away.” [Citation omitted.

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