The Board of Supervisors acknowledges the primacy of protecting the people’s right of free speech under the First Amendment to the United States Constitution and the right of free speech under the California Constitution. The Board of Supervisors further acknowledges and takes legislative notice of the holdings of the courts interpreting the permissible limits that may be imposed by government on expressive vending, solicitation, and commercial speech, as set forth in, but not limited to, the following California Supreme Court opinions and federal court opinions: International Society for Krishna Consciousness, Inc. v. Lee (1992) 505 U.S. 672; United States v. Kokinda (1990) 497 U.S. 720; Los Angeles Alliance for Survival v. City of Los Angeles (2000) 22 Cal.4th 352; International Society for Krishna Consciousness of California, Inc. v. City of Los Angeles (2010) 48 Cal.4th 446; Children of the Rosary v. City of Phoenix (9th Cir. 1998) 154 F.3d 972; Central Hudson Gas & Electric Corp v. Public Service Commission of New York (1980) 447 U.S. 557; Retail Digital Network, LLC v. Appelsmith (9th Cir. 2016) 810 F.3d 638; One World One Family Now v. City and County of Honolulu (9th Cir. 1996) 76 F.3d 1009; and Friends of the Vietnam Veterans Memorial v. Kennedy (D.C. Cir. 1997) 116 F.3d 495, 497. These opinions, in summary, establish that:
(a) The government may regulate both commercial speech and noncommercial speech;
(b) Expressive vending and solicitation may be regulated by the government;
(c) Government ownership of property does not open that property to the public for First Amendment purposes; and
(d) Regulations impacting expressive activity at government property that is not a traditional public forum and has not been dedicated to First Amendment activities, will survive judicial scrutiny if they are reasonable and viewpoint neutral, which means the regulations are not arbitrary, capricious, or invidious, and are not merely an effort to suppress expression.
(Ord. 4308, passed - -2016)