United States Ninth Circuit

District court's judgment for defendants in action challenging Municipal Code section 2-61 which makes it a misdemeanor for members of the public who speak at City Council meetings to engage in "disorderly, insolent, or disruptive behavior," is: 1) reversed in part, where the statute is facially overbroad because it failed to limit proscribed activity to only actual disturbances, and because the unconstitutional portions of the ordinance cannot be severed from the remainder of the section, the entire section is invalidated; but 2) affirmed in part, where section 2-61 was constitutionally applied to plaintiff because the jury implicitly found that his behavior actually disrupted the Council meeting; and 3) affirmed as to the remainder of the district court's determinations.

Appellate Information

• Decided 05/03/2013
• Published 05/03/2013

Judges

• PER CURIAM

Court

• United States Ninth Circuit

Counsel