Charity asking led to legal trouble in California. What happened next?

Have you ever been concerned about solicitation laws in California, particularly in Los Angeles, that seem to infringe on your freedom of expression? You’re not alone, and it’s crucial to understand the law to navigate these challenges effectively. This article explores a landmark court decision that clarifies how these laws are applied and provides guidance for resolution. Discover how the case of LOS ANGELES ALLIANCE FOR SURVIVAL v. CITY OF LOS ANGELES offers insights into handling solicitation regulations.

Situation

Situation Example

In Los Angeles, on a busy street corner near a popular shopping area, a group of individuals known for their charity work found themselves in a legal tussle. These individuals, often seen with signs asking for donations to support various causes, were suddenly faced with a new challenge. The City of Los Angeles had passed a law, known as an ordinance, that aimed to stop aggressive solicitation. This law was meant to address concerns about people feeling scared or uneasy when approached for donations in certain public spaces, like near ATMs or bus stops.

One sunny afternoon, Jane, a member of this group, was asking passersby for donations to support her local food bank. She stood near a bustling shopping center, politely holding a sign and occasionally speaking to those who walked by. However, under the new ordinance, her actions were deemed overly aggressive simply because of her location and the city’s broad definition of solicitation. Feeling that her right to ask for donations was being unfairly targeted, Jane and her group decided to challenge the ordinance in court. They believed this law wasn’t just about keeping order; it was about limiting their freedom to express and gather support for their cause.

Judgment

In the case of Los Angeles Alliance for Survival v. City of Los Angeles, Case No. S073451, the court sided with the City of Los Angeles. The court concluded that the ordinance was not based on what was being said (content-neutral) and did not require the strictest level of review (strict scrutiny). Instead, it was evaluated under a less stringent standard (intermediate scrutiny) because it focused on the time, place, and manner of solicitation. The court found that the ordinance was valid as it addressed issues like aggressive behavior and public safety without violating free speech rights.

Solutions

Immediate Actions to Take

If you find yourself in a situation like Jane’s, where solicitation laws seem to limit your activities, it’s important to take immediate steps. First, understand the specific ordinance or law that applies. In Los Angeles, this would be the Los Angeles Municipal Code § 41.59, which outlines where and how solicitation can occur. Having a clear understanding of these rules is crucial. Then, consider reaching out to a lawyer who specializes in constitutional or local law. They can provide guidance on whether the ordinance is being applied correctly and what legal options you might have.

Filing a Complaint or Lawsuit

If you believe your rights are being infringed upon, you may consider filing a lawsuit. Before doing this, gather all necessary documents and evidence, such as the specific instances where you were asked to stop your activities. Drafting a strong complaint is crucial, and a lawyer can assist in ensuring that your case highlights how the ordinance impacts your rights. Once your complaint is ready, file it with the local court and prepare for the legal process, which may include hearings and presenting your case before a judge.

Negotiation and Mediation Strategies

Sometimes, resolving disputes outside of court can save time and resources. Consider negotiating with city officials or attending mediation sessions. During these discussions, clearly communicate your concerns and how the ordinance affects your activities. Propose possible compromises, such as adjusting the areas where solicitation is allowed or modifying enforcement practices. Mediation can often lead to a mutually beneficial agreement without the need for prolonged legal battles.

FAQ

What is solicitation?

Solicitation involves asking people for donations, selling goods, or services in a public space. It can include speaking to someone, holding a sign, or using gestures to communicate your request.

Is solicitation a protected form of speech?

Yes, solicitation is considered a type of speech protected by the First Amendment of the U.S. Constitution and the California Constitution’s liberty of speech clause.

What is aggressive solicitation?

Aggressive solicitation refers to actions that make people feel intimidated or threatened. This can include blocking someone’s path, following them after they’ve said no, or using threatening language.

Where is solicitation typically banned?

Solicitation is often restricted in areas where it might cause safety concerns, like near ATMs, in public transport vehicles, or in restaurant dining areas.

What does content-based regulation mean?

Content-based regulation refers to laws that target speech based on the subject or message. These laws are subject to strict scrutiny to ensure they are justified.

What is strict scrutiny?

Strict scrutiny is a high standard of review for laws affecting constitutional rights. The law must serve a compelling government interest and be narrowly focused to address that interest.

What is intermediate scrutiny?

Intermediate scrutiny is a standard that requires a law to further an important government interest and be substantially related to that interest.

Is solicitation allowed everywhere?

No, solicitation can be restricted or banned in certain places, especially where it might pose safety risks or disrupt public order.

How can ordinances be challenged?

Ordinances can be challenged in court if they are believed to violate constitutional rights. This involves proving that the law lacks justification under applicable scrutiny standards.

What are time, place, and manner restrictions?

These are rules about when, where, and how speech can occur, as long as they are content-neutral and allow for alternative ways to communicate.

What happened in the fake donations scandal in California?

In a notable case, certain individuals were caught soliciting fake donations for a non-existent charity. The authorities investigated, and the people involved faced legal consequences for fraud and misrepresentation.