Sieroty v. City of Huntington Park

ARCHBALD, J.,

pro tem.

This is an appeal upon the judgment-roll from a judgment against plaintiff in the superior court after defendants’ demurrer to the complaint was sustained.

Plaintiff filed his complaint to enjoin respondent City of Huntington Park, its mayor, chief of police, trustees and councilmen from arresting or otherwise interfering with plaintiff in the distribution of an advertising publication in said city. The complaint sets out two counts, and appellant for the purposes of this appeal concedes the correctness of the ruling of the trial court as to the first. The second alleges in substance that the plaintiff at all times mentioned was the owner and publisher of an advertising publication known as “Better Home Furnishing Facts”, which was distributed by plaintiff to the “homes and residences” throughout Los Angeles County and particularly in said City of Huntington Park; that plaintiff’s business of distributing such publication developed into a profitable one; that said, publication and the matter contained therein “are not indecent or offensive in any respect” and are identical in “form and content to a large degree with advertising matter published in a large number of newspapers distributed throughout said county and said City of Huntington Park”. The complaint further alleges that on or about January 21, 1929, said city enacted an ordinance providing as follows: “Section 1. It shall be unlawful for any person, firm or corporation to distribute or cause to be distributed in the City of Huntington Park any hand bill or other printed or written advertising matter by placing or causing the same to be placed in any automobile, or in any yard, or on any porch, or in any mailbox in said city, not in the possession or under the control of the party so distributing the same. Section 2. The provision of this ordinance shall not be deemed to apply to any newspaper or other publication printing news of a general nature, or keeping advertising space therein open to the public for the publication therein of general advertís

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ing matter.” The ordinance then provides that anyone violating the provisions thereof shall be guilty of a misdemeanor and upon conviction shall be fined in a sum not exceeding $300 or imprisoned in the city or county jail for a period not exceeding three months, or both.