As plaintiffs note, these additional prudential limitations are not as rigorous where First Amendment speech rights are implicated. The plaintiff generally must assert his own legal rights and interest, and cannot rest his claim to relief on the legal rights or interest of third parties." Secretary of State of Maryland v. "In addition to the limitations on standing imposed by Article III's case-or-controversy requirement, there are prudential considerations that limit the challenges courts are willing to hear. One who fails to meet *1199 the requirements of Article III may not litigate in the federal courts. In a class action suit, the inquiry is "whether any named plaintiff has demonstrated that he has sustained or is imminently in danger of sustaining a direct injury as the result of the challenged conduct." Casey, 4 F.3d at 1519. The actual or threatened injury must be real and immediate, rather than conjectural and hypothetical. 2d 700 (1982) (quotations and citations omitted). Americans United for Separation of Church and State, Inc., 454 U.S. At an irreducible minimum, Article III of the Constitution requires a plaintiff "to show that he personally has suffered some actual or threatened injury as a result of the putatively illegal conduct of the defendant." Valley Forge Christian College v. Even assuming that the provisions are analyzed under the high level of scrutiny applicable to restrictions on speech in a public forum, the provisions are narrowly tailored to serve the significant governmental interest of preventing harassment and intimidation, and the provisions leave open ample alternate channels for solicitation.ĭefendants argue that plaintiffs lack standing. Plaintiffs lack standing to challenge Ordinance 1758, but have standing to bring a facial challenge to the solicitation provisions of Ordinance 1768. The City has not filed a cross-motion for summary adjudication, but requests summary adjudication in its opposition. Plaintiffs argue that these provisions violate the First Amendment to the United States Constitution. 4.08, § 4.08.750, as well as the solicitation provisions of Ordinance No. 1758, codified at Santa Monica Municipal Code ("SMMC") ch. On behalf of a defined subclass of persons, plaintiffs seek compensatory damages for the loss of property allegedly sustained by members of the subclass as a result of the allegedly unconstitutional enforcement of the ordinances.īy this motion, plaintiffs challenge certain of the City's Municipal Code provisions regulating solicitation in the City. On behalf of a defined class of persons, plaintiffs seek a declaration of the unconstitutional nature of defendants' actions, a preliminary injunction against the enforcement of the ordinances against the homeless, and a declaration of the parties' rights and obligations, as well as ancillary damages, attorneys' fees, and costs. Plaintiffs argue that the purpose and effect of these ordinances, as enforced, is to criminalize homelessness and banish the homeless from the City. Plaintiffs have brought a number of constitutional challenges to certain ordinances adopted by the City and enforced by Butts. Plaintiffs now move for summary adjudication of their sixth claim, which challenges the constitutionality of certain ordinances regulating solicitation in the City. In the underlying action, plaintiffs allege civil rights violations under 42 U.S.C. The motion is opposed by defendants City of Santa Monica (the "City") and its Chief of Police James T. Marsha Jones Moutrie, City Attorney for Santa Monica Joseph Lawrence, Assistant City Attorney, Santa Monica, for defendant.īefore the Court is a Motion for Summary Adjudication brought by plaintiffs Len Doucette ("Doucette"), Donna Mendez, Cortland Bonds, Bonny Ann Dodd, Carol Roe, and John Doe. Freese, Jr., Public Counsel, Los Angeles, CA, for plaintiff. Griffin, of the National Lawyers Guild Paul L. Len DOUCETTE, Donna Mendez, Cortland Bonds, Bonny Ann Dodd, Carol Roe, and John Doe, Plaintiffs,ĬITY OF SANTA MONICA and James T.
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