Kash Enterprises Inc. v. City of Los Angeles

[19 Cal3d Page 298] In 1972, the City of Los Angeles enacted a municipal ordinance regulating the size, weight, appearance and placement of newsracks installed and maintained on the city's sidewalks.1 Three years later, after a number of its newsracks had been removed from their sidewalk locations pursuant to the provisions of the ordinance, plaintiff Kash Enterprises, Inc. instituted an action for declaratory and injunctive relief, attacking the ordinance as unconstitutional on its face and contending that the ordinance had been discriminatorily enforced against newsracks containing newspapers which Kash had published and distributed. Kash thereafter moved for a preliminary injunction, relying solely on its constitutional challenge to the ordinance's facial validity, [19 Cal3d Page 299] and reserving the discriminatory enforcement issue for a subsequent trial. After a hearing, the trial court denied the requested preliminary injunction, and plaintiff now appeals from that order.