Legal Opinion · Concurring in part, dissenting in part

Cpr for Skid Row v. City of Los Angeles

Court of Appeals for the Ninth Circuit

Decided March 10, 2015No. 12-55289Published

1Concurring in part, dissenting in partReinhardt, Circuit Judge

I concur in the majority’s reversal of the district court’s judgment in favor of the defendant and its holding that § 403 of the Penal Code may not be applied to plaintiffs. I would reach the latter decision, however, by holding that § 403 (and §§ 18340 and 302 as well) are unconstitutionally void for vagueness and not simply as applied in the particular circumstances. In addition, although I would not decide the question, I believe the statutory scheme, or at least a part of it, is likely also unconstitutional as content-based. Essentially, I believe that the majority’s decision simply does…

2Cases cited16 opinions

  1. California Teachers Ass'n v. Governing Board of Rialto Unified School DistrictCalifornia Supreme Court · 1997
  2. Clean Air Constituency v. California State Air Resources BoardCalifornia Supreme Court · 1974
  3. Nunez v. City of San DiegoCourt of Appeals for the Ninth Circuit · 1997
  4. Morales-Garcia v. HolderCourt of Appeals for the Ninth Circuit · 2009
  5. Lawson v. KolenderCourt of Appeals for the Ninth Circuit · 1981

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