
You may recall that the City is claiming that linking speech restrictions on the Boardwalk to the time the sun sets is accomplishing some rational purpose. First amendment jurisprudence allows such restrictions, but the purpose must be accomplished by the least restrictive means necessary. Thus it doesn’t portend well for the City, or at least for the fate of the motion to dismiss, that Pregerson repeatedly questioned Ugaz on how using the time of sunset could possibly be the least restrictive means. He mentioned that it occurs at different times during different seasons, for instance. This prompted Ugaz to claim that the City wants to clear the view of the ocean at sunset and that “people are coming home then.”1 The judge noted again that the sun sets at widely varying times, so how does anyone know when people are coming home. This prompted Ugaz to admit that “perhaps that wasn’t the best reason.”
Continue reading Further Indication of Lack of Seriousness: City of Los Angeles Sends Attorney to Read Aloud Rather Than Argue its Motion to Dismiss in Venice Justice Committee Case; Judge Pregerson Seems Skeptical