California Newspaper Publishers Ass'n v. City of Burbank

Opinion

KAUS, P. J.

We decide in this case whether an ordinance which, except in a six-block downtown shopping mall, totally bans the placement of newspaper racks in a city with a population of 85,000 1 is unconstitutional on its face.

Defendant City of Burbank appeals from a summary judgment in favor of plaintiffs—newspaper associations and newspapers—declaring the ordinance to be unconstitutional under the United States and California Constitutions and permanently enjoining defendant from enforcing it.

These facts are not disputed: Newspaper racks are used as one method of distributing…