United States Ninth Circuit

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Real v. City of Long Beach, 15-56158

In an action brought pursuant to 42 U.S.C. section 1983 alleging that the City’s zoning ordinances violate the First Amendment by unreasonably restricting plaintiff's ability to open and operate a tattoo shop in Long Beach, the district court's judgment to the City is reversed where: 1) plaintiff had standing to bring a facial First Amendment challenge to the zoning ordinances and that he was not required to apply for, and then be denied, a conditional use permit under a permitting system that allegedly gave City officials unfettered discretion over an expressive activity fully protected activity by the First Amendment; and 2) plaintiff raised a cognizable claim that the City's zoning ordinances constituted an unlawful prior restraint on speech.

Appellate Information

  • Decided
  • Published 2017/03/29

Judges

  • SMITH

Court

  • United States Ninth Circuit

Counsel


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