Xiloj-Itzep v. City of Agoura Hills

[625]

Opinion

WOODS (Fred), J.

I.

Introduction

This appeal arises from the unsuccessful attempt of plaintiffs in the trial court to preliminarily enjoin enforcement of defendant City of Agoura Hills’ (City) ordinance which regulates solicitation from persons traveling in vehicles on City streets (Ordinance).

II.

Contentions

Appellants contend the Ordinance was adopted to prevent them from seeking daywork in the City and prevents them from congregating on City sidewalks in violation of their First Amendment rights, the equal protection clause and the right to work.

City contends that as the Ordinance prohibits all solicitation of sales, business, contributions and work from persons travelling in vehicles on City streets, it is directed at conduct which poses a threat to public safety and the free flow of traffic on City streets, rather than speech or message. City contends that since the prohibited conduct can be determined without regard to the content of speech, the purpose of the solicitation or the identity of the solicitor and applies only to vehicle-addressed solicitation, the Ordinance suffers from no constitutional impediments and is enforceable.

The county joins in the City’s contentions that the Ordinance is not facially invalid and further contends that the Los Angeles County Sheriff’s Department did not engage in unconstitutional enforcement of the Ordinance.

III.

Factual and Procedural Synopsis

The City is a small residential community with only limited commercial areas providing neighborhood services. Until recently, the City had not experienced any of the problems that have occurred in other cities on its streets or sidewalks with commercial transactions such as the vending of

[626]