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PERRY v. LOS ANGELES POLICE DEPT.

No. 96-55545.

121 F.3d 1365 (1997)

Harry NMI PERRY; Robert Newman, aka: "Jingles", Plaintiffs-Appellants, v. LOS ANGELES POLICE DEPARTMENT; City of Los Angeles; Jane Doe Rodriguez, Police Officer; Frank Montelongo; Willie L. Williams, Chief of Police, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 25, 1997.

Attorney(s) appearing for the Case

James H. Fosbinder and Rhonda M. Fosbinder, Fosbinder & Fosbinder, Venice, CA, for plaintiffs-appellants.

James K. Hahn, City Attorney, Frederick N. Merkin, Senior Asst. City Attorney, and Vivienne A. Swanigan-Crenshaw, Deputy City Attorney, Los Angeles, CA, for defendants-appellees.

Before: HALL and T. G. NELSON, Circuit Judges and WINMILL, District Judge.

CYNTHIA HOLCOMB HALL, Circuit Judge:

Plaintiffs appeal from the district court's judgment for defendants as a matter of law following the presentation of plaintiffs' evidence in a bench trial. This court has jurisdiction pursuant to 28 U.S.C. § 1291. We find Los Angeles Municipal Code § 42.15 facially unconstitutional and REVERSE the judgment of the district court.

I. Facts

Plaintiff Perry is a musician and performance artist who solicits...

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