Klein v. San Clemente, No. 08-55015

In a First Amendment challenge to a city ordinance prohibiting all leafleting of unoccupied vehicles, the district court's denial of a preliminary injunction is reversed where plaintiffs were likely to succeed in demonstrating that the city's justification for its prohibition was insufficient and they otherwise met the requirements for obtaining a preliminary injunction enjoining enforcement of the prohibition.

Read Klein v. San Clemente, No. 08-55015

Appellate Information

Argued and Submitted August 4, 2008

Filed October 2, 2009

Judges

Opinion by Judge Berzon

Counsel

For Appellants:

Michael J. Kumeta, La Mesa, CA

William G. Gillespie, Poway, CA

For Appellee:

Steve Klein, Edwin J. Richards, Julie R. Beaton, M. Courtney Koger, Kutak Rock LLP, Irvine, CA