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FOTI v. CITY OF MENLO PARK

No. 97-16061.

146 F.3d 629 (1998)

Rossi FOTI and David Larsen, Plaintiffs-Appellants, v. CITY OF MENLO PARK, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 1, 1998.

As Amended on Denial of Rehearing and Suggestion for Rehearing July 29, 1998.

Attorney(s) appearing for the Case

Michael Millen, San Jose, California, Catherine W. Short, Life Legal Defense Foundation, Napa, California, for plaintiffs-appellants.

Kathleen M. Sullivan, John L. Flegel, Jorgenson, Siegel, McClure & Flegel, Menlo Park, California, for defendant-appellee.

Before: BROWNING, PREGERSON, and HAWKINS, Circuit Judges.

As Amended on Denial of Rehearing and Suggestion for Rehearing En Banc July 29, 1998.

MICHAEL DALY HAWKINS, Circuit Judge:

Rossi Foti ("Foti") and David Larsen ("Larsen") regularly picket and leaflet on a public sidewalk in the City of Menlo Park ("City") in front of a Planned Parenthood facility. They challenge the constitutionality of Menlo Park Ordinance No. 877, which regulates picketing, leafletting, and posting or displaying signs on public property...

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