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Ninth Circuit: Ordinance Criminalizing Living in Car Is Unconstitutionally Vague

If you eat, talk on the phone, and escape the rain in your car, are you using the car “as living quarters either overnight, day-by-day, or otherwise?” What if you load up the car with personal belongings for a camping...more

The Supreme Court Strikes Down Buffer Zone Law

A local government can create a 35-foot buffer zone to restrict speech on a public street only if it has first made a serious effort to address the issue in other ways. Originally published on the IMLA Appellate...more

California Supreme Court Declines Review of Cases Invalidating Local Bans on Sex Offenders

Supreme Court Leaves Intact Court of Appeal Cases Holding That State Law Preempts Some Local Sex Offender Ordinances - Local laws regulating where sex offenders may go are likely now invalid following the California...more

Ordinance Authorizing Warrantless Inspections of Hotel Records is Unconstitutional

Motel owners challenged a Los Angeles Municipal Code provision requiring hotel guest records to be made available to any Los Angeles Police Department officer for inspection. The United States Court of Appeals for the Ninth...more

U.S. Supreme Court Roundup - National Conference of State Legislatures Legislative Summit – August 2013

The U.S. Supreme Court's recent term included decisions in several cases with implications on states and states' rights. This presentation included the court's review and opinions handed down for the following cases. -...more

Update: Court Again Rules That Ordinance Prohibiting Insolent Behavior At City Council Meeting Is Unconstitutional

On December 6, 2005, Benito Acosta (“Acosta”) spoke during a public comment period at a Costa Mesa City Council (“City”) meeting. Because of his behavior, he was asked to step down from the podium and leave the chambers. ...more

Weekly Law Resume - March 21, 2013: Ninth Circuit Holds that Jurisdiction Exists as to Homeless Individuals’ Eighth Amendment...

Bell, et al. v. City of Boise, et al. United States Court of Appeals for the Ninth Circuit March 7, 2013 Plaintiffs in this case are seven individuals who either are or have been homeless in Boise. They have all...more

County May Regulate Cultivation of Medical Marijuana

A rural county passed an ordinance to regulate the cultivation of medical marijuana. A group of individuals who are “qualified patients” challenged the constitutionality of the ordinance. The court of appeal held that the...more

Noise Ordinances Being Struck Down Post-Tanner: The Problem of Decibels

As discussed in the last post, many localities are struggling after the Virginia Supreme Court’s opinion in Tanner v. City of Virginia Beach to adopt ordinances to comply with that decision. No longer can localities use a...more

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