Evangelists Lose Challenge To SF Noise Ordinance In 9th Circuit

In Rosenbaum v. City and County of San Francisco, (9th Cir., April 30, 2007), the U.S. 9th Circuit Court of Appeals rejected equal protection and First Amendment challenges to San Francisco's enforcement of its noise and its permit ordinances against Christian evangelists seeking to use sound amplification equipment for their preaching in the streets and parks of San Francisco. The court found no evidence of selective issuance of permits nor of selective enforcement by police. It also rejected claims of viewpoint discrimination. Appellants had argued that officers allowed a "heckler's veto" and that denial of a permit because of excessive noise was a pretext for disagreement with the content of their speech, as was their arrest for disturbing the peace. Finally the court rejected prior restraint arguments and claims under the California Constitution put forward by the evangelists. CBS 5 yesterday reported on the decision. [Thanks to How Appealing for the lead.]