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COMITE DE JORNALEROS DE REDONDO v. REDONDO BEACH

Nos. 06-55750, 06-56869.

607 F.3d 1178 (2010)

COMITE DE JORNALEROS DE REDONDO BEACH; National Day Laborer Organizing Network, Plaintiffs-Appellees, v. CITY OF REDONDO BEACH, Defendant-Appellant. Comite De Jornaleros De Redondo Beach; National Day Laborer Organizing Network, Plaintiffs-Appellees, v. City of Redondo Beach, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 9, 2010.

Attorney(s) appearing for the Case

Philip Hwang and Robert Rubin, Lawyers' Committee for Civil Rights, San Francisco, CA, and Cynthia A. Valenzuela, Mexican American Legal Defense and Educational Fund, Los Angeles, CA, counsel for the appellee.

Julie Fleming, Manning & Marder, Kass, Ellrod, Ramirez LLP, Los Angeles, CA, and Michael Webb, Office of the City Attorney, Redondo Beach, CA, counsel for the appellant.

Opinion by Judge IKUTA; Dissent by Judge WARDLAW.

IKUTA, Circuit Judge:

This appeal raises a First Amendment challenge to Redondo Beach Municipal Code § 3-7.1601, which prohibits the act of standing on a street or highway and soliciting employment, business, or contributions from the occupants of an automobile. We have previously upheld a virtually identical ordinance against a constitutional challenge. See ACORN v. City of Phoenix, 798 F.2d 1260, 1273 (9th Cir.1986)...

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