United States Ninth Circuit

In a civil rights action brought by evangelists who preached a Christian evangelical message in the streets and parks of San Francisco with amplified sound, arising out of the city's permitting process and noise ordinance enforcement, a judgment for defendants is affirmed where: 1) the city's enforcement of its noise abatement ordinance, in its permitting and its law enforcement activities, did not violate the federal constitutional guarantee of equal protection of the laws, or its protection of First Amendment rights; and 2) the city's enforcement of its noise restrictions against plaintiffs did not offend the California Constitution.

Appellate Information

• Argued 12/07/2006
• Decided 04/30/2007
• Published 04/30/2007

Judges

• GOULD, Circuit Judge., Before T.G. NELSON, RONALD M. GOULD, and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Russell Davis, San Francisco, CA;  and Frederick H. Nelson, American Liberties Institute, Orlando, FL, for the plaintiffs-appellants.


• For Appellees:
  
• Dennis J. Herrera, City Attorney;  Molly Stump, Chief Attorney, Public Protection Unit;  and Margaret W. Baumgartner, Deputy City Attorney, for defendant-appellee City of San Francisco.