Legal Opinion

Gates v. Municipal Court

California Court of Appeal

Decided August 25, 1982No. Civ. 54155PublishedCited by 15 opinions

1Opinion of the Court

Opinion

NEWSOM, J.

Appellant, Linda Gates, was arrested for violation of San Jose Municipal Code 10.40.010 (hereafter the ordinance)—loiter*312ing for the purpose of soliciting an act of prostitution. She challenges the ordinance on the grounds it is: (1) preempted by state law which fully occupies the field of criminal sexual conduct; (2) unconstitutionally vague for failure to give fair notice of the conduct it proscribes, and defective in its failure to provide uniform enforcement standards; (3) overbroad in making unlawful conduct protected by the First Amendment; and (4) violates federal and…

2Cases cited32 opinions

  1. Broadrick v. OklahomaSupreme Court of the United States · 1973
  2. Thornhill v. AlabamaSupreme Court of the United States · 1940
  3. United States v. RainesSupreme Court of the United States · 1960
  4. Rose v. LockeSupreme Court of the United States · 1975
  5. In Re CreglerCalifornia Supreme Court · 1961

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3Cited by15 opinions

  1. Cohen v. Board of SupervisorsCalifornia Supreme Court · 1985
  2. Ventura v. City of San JoseCalifornia Court of Appeal · 1984
  3. City of Vallejo v. Adult BooksCalifornia Court of Appeal · 1985
  4. People v. TranthamAppellate Division of the Superior Court of California · 1984
  5. People v. WeaverAppellate Division of the Superior Court of California · 1983

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