Kuszynski v. City of Oakland, 71-1566.
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
| Writing for the Court | PER CURIAM |
| Citation | 479 F.2d 1130 |
| Parties | Anne KUSZYNSKI et al., Plaintiffs-Appellants, v. CITY OF OAKLAND, a municipal corporation Acting By and Through the BOARD OF PORT COMMISSIONERS, et al., Defendants-Appellees. |
| Docket Number | No. 71-1566.,71-1566. |
| Decision Date | 31 May 1973 |
479 F.2d 1130 (1973)
Anne KUSZYNSKI et al., Plaintiffs-Appellants,
v.
CITY OF OAKLAND, a municipal corporation Acting By and Through the BOARD OF PORT COMMISSIONERS, et al., Defendants-Appellees.
No. 71-1566.
United States Court of Appeals, Ninth Circuit.
May 31, 1973.
Charles C. Marson (argued), Paul N. Halvonik, of ACLU, Donald Yank, Serra & Perelson, San Francisco, Cal., for plaintiffs-appellants.
Wilson Wendt (argued), J. Kerwin Rooney, Port Attorney, Oakland, Cal., for defendants-appellees.
Charles C. Marson (argued), ACLU, San Francisco, Cal., for amicus curiae.
Before DUNIWAY and KILKENNY, Circuit Judges, and SMITH*, District Judge
OPINION
PER CURIAM :
This is an appeal from an order denying a preliminary injunction, 322 F. Supp. 689. Appellants sought to enjoin the enforcement of ordinances regulating the distribution of written material at the Oakland airport. The ordinance provides:
1.151. The use of the Airport for the purpose of exercising the right of free expression and communication, including but not limited to the distribution
of non-commercial, non-obscene, non-subversive literature and to picket, demonstrate or display signs, shall not be allowed to impair or interfere with the transportation function of the Airport. The exercise of such rights shall be in accordance with the following rules and regulations : . . . (Emphasis added.)
The rules and regulations provide that materials to be distributed be first submitted to the airport manager at a time prior to distribution ; that the identity of the distributors and the purpose of the distribution be revealed. Distribution in some areas of the airport is forbidden, and the number of persons who may distribute is limited. The time of distribution is limited to four hours.
Since the airport is public property we think that this case is governed by Marsh v. Alabama, 326 U.S. 501, 66 S.Ct. 276, 90 L.Ed. 265 (1946), and Amalgamated Food Employees Union v. Logan Valley Plaza, Inc., 391 U.S. 308, 88 S.Ct. 1601, 20 L.Ed.2d 603 (1968), rather than Lloyd Corp. v. Tanner, 407 U.S. 551, 92 S.Ct. 2219, 33 L. Ed.2d 131 (1972). So governed, the applicable law is that free speech may be abridged only by regulations narrowly drawn to serve legitimate interests of the general public who use the airport. Wolin v. Port of New York Authority, 392 F.2d 83 (2d Cir. 1968), cert. denied, 393 U.S. 940, 89 S.Ct. 290, 21 L.Ed.2d 275 (1968). The ordinance here does place limitations...
To continue reading
Request your trial
-
U. C. Nuclear Weapons Labs Conversion Project v. Lawrence Livermore Laboratory
...have been found to be. (Wolin v. Port of New York Authority (2d Cir.1968) 392 F.2d 83; Kuszynski v. City of Oakland (9th Cir.1973) 479 F.2d 1130; Albany Welfare Rights Organization v. Wyman (2d Cir.1974) 493 F.2d 1319; Unemployed Workers Union v. Hackett (D.R.I.1971) 332 F.Supp. 1372.) Ther......
-
United States v. Grace, 81-1863
...v. City of Chicago, 508 F.2d 921 (CA7), cert. denied, 421 U.S. 992, 95 S.Ct. 1999, 44 L.Ed.2d 483 (1975); Kuszynski v. City of Oakland, 479 F.2d 1130 (CA9 1973). 8. Albany Welfare Rights Org. v. Wyman, 493 F.2d 1319 (CA2 1974), cert. denied, 419 U.S. 838, 95 S.Ct. 66, 42 L.Ed.2d 64 (1974). ......
-
Carlson v. Schlesinger, 73--2170
...Chicago, 508 F.2d 921 (7th Cir. 1975); Albany Welfare Rights Org. v. Wyman, 493 F.2d 1319 (2d Cir. 1974); Kuszynski v. City of Oakland, 479 F.2d 1130 (9th Cir. 1973); Wolin v. Port of New York Authority, 392 F.2d 83 (2d Cir.), cert. denied, 393 U.S. 940, 89 S.Ct. 290, 21 L.Ed.2d 275 (1968).......
-
Fernandes v. Limmer, CA3-77-417-F.
...three public forum cases, Marsh v. Alabama, supra, CAMP v. Chicago, 508 F.2d 921 (7th Cir. 1975), and Kuszynski v. City of Oakland, 479 F.2d 1130 (9th Cir. 1973), and (1) D/FW is analogous to a company town, and "the cities will be hard pressed . . . to justify banning the Plaintiffs comple......