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BERRY v. CITY OF SANTA BARBARA

Docket No. B085586.

40 Cal.App.4th 1075 (1995)

47 Cal. Rptr.2d 661

WAYNE C. BERRY, Plaintiff and Appellant, v. CITY OF SANTA BARBARA et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Six.

December 5, 1995.

Attorney(s) appearing for the Case

COUNSEL

Fleishman, Fisher & Moest and Stanley Fleishman for Plaintiff and Appellant.

Daniel J. Wallace, City Attorney, and Janet K. McGinnis, Assistant City Attorney, for Defendants and Respondents.

OPINION

YEGAN, J.

We are called upon to delicately balance precious First Amendment rights against the government's interest in protecting minors from viewing harmful matter. Wayne C. Berry, who distributes an "adult" publication from sidewalk newsracks, challenged enforcement of a city ordinance of the City of Santa Barbara (City) on the theory that it violated the United States Constitution. The trial court disagreed. We have strictly...

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