A federal judge on Sept. 23 temporarily blocked the enforcement of San Diego’s ordinance that bans “offensive or disorderly” conduct in public spaces, including making loud noises and using vulgar language.
Busker William J. Dorsett filed a complaint against the city on July 8 after a park ranger cited him for violating the ordinance when he criticized the ranger for ticketing another person, who was making bubbles for children in Balboa Park without protective equipment.
U.S. District Judge Barry Ted Moskowitz granted a preliminary injunction after Dorsett claimed that San Diego Municipal Code Section 56.27 violates the First Amendment.
In a nine-page ruling, Moskowitz stated that Dorsett is likely to succeed in proving that the city’s ordinance is “unconstitutionally vague and overbroad.”
Moskowitz said the ordinance failed to provide clear notice of what constitutes unlawful conduct and speech, noting that Dorsett was cited even though he was merely speaking to the ranger and not increasing any risk of danger. […]
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