2Before: Richard C. Tallman and N. Randy Smith, CircuitJudges, and Dee V. Benson, District Judge.
Per Curiam Opinion
The panel reversed in part and affirmed in part the districtcourt’s judgment entered following a jury verdict in thisaction challenging Costa Mesa Municipal Code § 2-61, whichmakes it a misdemeanor for members of the public who speak at City Council meetings to engage in “disorderly, insolent,or disruptive behavior.”Reversing the district court, the panel held that the statutewas facially invalid because it failed to limit proscribedactivity to only actual disturbances. Rather, the statuteunnecessarily swept a substantial amount of non-disruptive, protected speech within its prohibiting language. The panelfurther determined that because neither the term “insolent” insubsection (a), nor the terms “personal, impertinent, profane,insolent” in subsection (b)(1) could be severed from § 2-61,the entire section needed to be invalidated.
The Honorable Dee V. Benson, District Judge for the U.S. DistrictCourt for the District of Utah, sitting by designation.
This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader.
Case: 10-56854 05/03/2013 ID: 8614568 DktEntry: 32-1 Page: 2 of 50