Sebago, Inc. v. City of Alameda

Opinion

KING, J.

I. Introduction

In this case we hold unconstitutional an ordinance restricting the sale of adult newspapers or periodicals from newsracks in the City of Alameda. The ordinance does not meet the constitutional requirement that it be a content-neutral regulation aimed at preventing secondary effects of adult newsracks in the surrounding neighborhood or be a content-based regulation justified by a compelling state interest.

II. The Facts

A. The Complaining Citizen.

This case has its genesis in a 1986 letter from a city resident to the mayor and city council members, complaining that…