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BLAIR v. SHANAHAN

No. C-89-4176 WHO.

795 F.Supp. 309 (1992)

Celestus BLAIR, Jr., Plaintiff, v. Steven SHANAHAN, individually and in his official capacity, James Lassus, individually and in his official capacity, Christopher Breen, individually and in his official capacity, Jeffrey Levin, individually and in his official capacity, Frank Jordan, individually and in his official capacity, and The City and County of San Francisco, Defendants.

United States District Court, N.D. California.

March 12, 1992.

Attorney(s) appearing for the Case

Michael C. Hallerud, Robert J. Keyes, D. Kirk Jamieson, Nancy L. Asbill, Pettit & Martin, Margaret C. Crosby, Alan L. Schlosser, Edward M. Chen, Matthew A. Coles, American Civ. Liberties Union, San Francisco, Cal., for plaintiff.

Louise H. Renne, City Atty., George A. Riley, Randy Riddle, G. Scott Emblidge, Deputy City Attys., Enid A. Camps, Deputy Atty. Gen., Atty. General's Office, San Francisco, Cal., for defendants.

OPINION AND ORDER

ORRICK, District Judge.

Plaintiff, Celestus Blair, Jr. ("Blair"), is a former panhandler.1 He brought this suit challenging the constitutionality of § 647(c) of the California Penal Code2 and enforcement of this statute by defendants under the United States and California Constitutions. On September 24, 1991, this Court issued an Opinion and Order ("Opinion") declaring §...

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