9th Circuit: Police removal of “reproductive choice” truck from school street violated First Amendment
The U.S. Court of Appeals for the Ninth Circuit has issued a ruling in Center for Bio-Ethical Reform, Inc. v. Los Angeles County Sheriff Dept., No. 05-55294 (9th Cir. July 2, 2008). Here are a few excerpts:
Plaintiffs drove a truck that displayed enlarged, graphic photographs of early-term aborted fetuses around the perimeter of a public middle school in Rancho Palos Verdes, California. Deputy Sheriffs were dispatched to the school. Plaintiffs contend that the officers violated their First Amendment rights by ordering Plaintiffs to remove their truck from an area adjacent to the school. Plaintiffs also contend that the officers violated their Fourth Amendment rights by detaining Plaintiffs for an unreasonable time and by searching their vehicle without consent . . .
California Penal Code § 626.8, read as we believe a California court would construe it, does not apply to Plaintiffs’ expressive activities in driving their trucks around Dodson Middle School. Thus, the officers’ order that Plaintiffs leave the area around Dodson Middle School violated Plaintiffs’ First Amendment rights. The individual defendants, however, have qualified immunity from a damages action. As this immunity does not extend to injunctive relief, see Hydrick v. Hunter, 500 F.3d 978, 988 (9th Cir. 2007), we remand for the district court to consider Plaintiffs’ request for injunctive relief in light of our First Amendment holding . . .
This post may be updated.
Related:
Center for Bio-Ethical Reform (warning graphic contents)
Reproductive Choice Truck page on the Center for Bio-Ethical Reform web site