Legal Opinion

Krontz v. City of San Diego

California Court of Appeal

Decided January 23, 2006No. D045332PublishedCited by 12 opinions

1Opinion of the Court

Opinion

McCONNELL, P. J.

The primary issue in this case is whether the government may suspend the permit of a business engaged in activity protected by the First Amendment as a sanction when the business violates a regulation. We conclude suspension of the license is not an improper prior restraint, is constitutionally permissible, and the government is not limited to imposing a fine. We also reject the argument that the suspension process utilized here violated appellant’s constitutional guarantee of due process.

FACTS

Donald V. Krontz holds a police permit to operate a nude entertainment…

2Cases cited36 opinions

  1. United States v. O'BrienSupreme Court of the United States · 1968
  2. Ward v. Rock Against RacismSupreme Court of the United States · 1989
  3. City of Renton v. Playtime Theatres, Inc.Supreme Court of the United States · 1986
  4. Turner Broadcasting System, Inc. v. Federal Communications CommissionSupreme Court of the United States · 1994
  5. Freedman v. MarylandSupreme Court of the United States · 1965

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3Cited by12 opinions

  1. Nunez v. HolderCourt of Appeals for the Ninth Circuit · 2010
  2. Coe v. City of San DiegoCalifornia Court of Appeal · 2016
  3. Snatchko v. Westfield llCCalifornia Court of Appeal · 2010
  4. Nunez v. HolderCourt of Appeals for the Ninth Circuit · 2010
  5. Gold Diggers, LLC v. Town of Berlin, Conn.District Court, D. Connecticut · 2007

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