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KLEIN v. CITY OF SAN CLEMENTE

No. 08-55015.

584 F.3d 1196 (2009)

Steve KLEIN; Susen Fay; M. Lorraine Klein; Michael Lewis; Saul Lisauskas; Kristin Schuiteman; Jefferson Smith; Mary Thompson; Elizabeth Weller; and Robert Weller, Plaintiffs-Appellants, v. CITY OF SAN CLEMENTE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 2, 2009.

Attorney(s) appearing for the Case

Michael J. Kumeta (argued), La Mesa, CA; William G. Gillespie, Bonsall, CA; for plaintiffs-appellants Steve Klein, et al.

Edwin J. Richards (argued), Julie R. Beaton, M. Courtney Koger, Kutak Rock LLP, Irvine, CA; for defendant-appellee City of San Clemente.

Before: STEPHEN REINHARDT, ROGER J. MINER, and MARSHA S. BERZON, Circuit Judges.

BERZON, Circuit Judge:

The City of San Clemente flatly prohibits the leafleting of unoccupied vehicles parked on city streets. We conclude that petitioners are likely to succeed in demonstrating that the City's justification for its prohibition is insufficient and that they have otherwise met the requirements for obtaining a preliminary injunction enjoining enforcement of the prohibition. We therefore reverse the district court's order denying petitioners' motion...

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