United States Ninth Circuit

District court's grant of a preliminary injunction barring the enforcement of two provisions in Arizona's Senate Bill 1070, which make it unlawful for a motor vehicle occupant to hire or attempt to hire a person for work at another location from a stopped car that impedes traffic, or for a person to be hired in such a manner, is affirmed, where: 1) though Arizona has a significant government interest in promoting traffic safety, the day labor provisions are content-based restrictions on commercial speech that are more extensive than necessary to serve that interest; 2) the district court did not abuse its discretion in concluding that the plaintiffs were likely to succeed on the merits; and 3) the other requirements for a preliminary injunction were satisfied.

Appellate Information

• Decided 03/04/2013
• Published 03/04/2013

Judges

• FISHER

Court

• United States Ninth Circuit

Counsel