Kleinman v. City of San Marcos, No. 08-50960

In a First Amendment challenge to the application of a junked-vehicle ordinance designed to eliminate eyesores and promote public order to a wrecked vehicle used as an art exhibit, judgment for defendant-city is affirmed in part where the junked-vehicle ordinance was not intended to regulate "speech" at all, but was a content-neutral health and safety ordinance, and was reasonably tailored to achieve the city's legitimate interests with only incidental restriction on protected expression. However, the judgment is vacated in part where the district court improperly ordered plaintiff to comply with a municipal court order.

Read Kleinman v. City of San Marcos, No. 08-50960

Appellate Information

Filed February 10, 2010

Judges

Opinion by Judge Jones