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KLEIN v. SAN DIEGO COUNTY

No. 04-55819.

463 F.3d 1029 (2006)

Steve KLEIN; Aaron Bagley; Roxann Bagley; Linda Bebee; Michael Bebee; Chris Bell; Gary Cass; Isaac Cass; Joshua Cass; Frank Dawson; Russ Dearborn; David Kidder; Lorraine Klein; Phil Magnan; Cindy Moles; Jack Oben; Sandra Olafson; Judith Olafson; Marin Olafson, a minor through her guardian ad litem, Judith Olafson; Taryn Olafson, a minor through her guardian ad litem, Judith Olafson; Ted Skelton; Allyson Smith; Anthony Sotille; Daniel Stephens, aka Daniel Stevens; Ralph Thompson, Plaintiffs-Appellants, v. SAN DIEGO COUNTY; Does 1-100, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 18, 2006.

Attorney(s) appearing for the Case

Michael J. Kumeta, La Mesa, CA, for the plaintiffs-appellants.

William A. Johnson, Jr., Senior Deputy County Counsel's Office, San Diego, CA, for the defendant-appellee.

Before: PREGERSON, COWEN, and THOMAS, Circuit Judges.

PREGERSON, Circuit Judge:

Plaintiffs challenge the constitutionality of a residential picketing ordinance enacted by the Defendant San Diego County ("the County"). Because we conclude that the ordinance is not unconstitutional in every conceivable application and is not unconstitutionally vague, we affirm the district court's order dismissing Plaintiffs' constitutional claims.

I. Factual Background

In 2002, the County passed an ordinance...

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