CITY OF SAN JOSE v. SUPERIOR COURT

Docket No. H013078.

32 Cal.App.4th 330 (1995)

38 Cal. Rptr.2d 205

CITY OF SAN JOSE, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; TERRY L. THOMPSON et al., Real Parties in Interest.

Court of Appeals of California, Sixth District.

February 15, 1995.


Attorney(s) appearing for the Case

COUNSEL

Joan R. Gallo, City Attorney, George Rios, Asistant City Attorney, Glenn D. Schwarzbach and Renee Gurza, Deputy City Attorneys, for Petitioner.

Catherine I. Hanson and Alice P. Mead as Amici Curiae on behalf of Petitioner.

No Appearance for Respondent.

Michael Millen for Real Parties in Interest.


OPINION

WUNDERLICH, J.

The respondent superior court has declared unconstitutional, under the First Amendment, a San Jose city ordinance which outlaws targeted picketing within 300 feet of a targeted residence. The City of San Jose seeks expedited review of this decision by writ of mandate. Although the ordinance does not apply specifically to anti-abortion protesters, the present controversy arose when real parties in interest were...

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