KRONTZ v. CITY OF SAN DIEGO

No. D045332.

39 Cal.Rptr.3d 535 (2006)

136 Cal.App.4th 1126

Donald V. KRONTZ, Plaintiff and Appellant, v. CITY OF SAN DIEGO, Defendant and Respondent; Chief of Police, City of San Diego, Real Party in Interest and Respondent.

Court of Appeals of California, Fourth District, Division One.

January 23, 2006.


Attorney(s) appearing for the Case

A. Dale Manicom, San Diego, for Plaintiff and Appellant.

Michael J. Aguirre, City Attorney, and Mary T. Nuesca, Deputy City Attorney for Defendant and Respondent and Real Party in Interest and Respondent.


McCONNELL, P.J.

The primary issue in this case is whether the government may suspend the permit of a business engaged in activity protected by the First Amendment as a sanction when the business violates a regulation. We conclude suspension of the license is not an improper prior restraint, is constitutionally permissible, and the government is not limited to imposing a fine. We also reject the argument that the suspension...

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