International Society for Krishna Consciousness of California Inc., a California… v. City of Los Angeles, a California Municipal Corporation;

This order is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
INTERNATIONAL SOCIETY FOR
KRISHNA CONSCIOUSNESS OF
CALIFORNIA INC., a California
nonprofit, religious corporation; et al.,
Plaintiffs - Appellees,
v.
CITY OF LOS ANGELES, a California
Municipal Corporation; et al.,
Defendants - Appellants.
No. 01-56579
D.C. No. CV-97-03616-CBM
ORDER*
Appeal from the United States District Court
for the Central District of California
Consuelo B. Marshall, Senior District Judge, Presiding
Argued and Submitted December 4, 2007
Pasadena, California
Before: PREGERSON, TROTT and PAEZ, Circuit Judges.
This case is hereby resubmitted as of July 1, 2010.
FILED
JUL 07 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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On May 13, 1997, the International Society for Krishna Consciousness of
California, Inc., and others (“ISKCON”) filed an action against the City of Los
Angeles and others (“City”) alleging that section 23.27(c) of the City of Los
Angeles Administrative Code, which prohibits any person from soliciting and
immediately receiving funds at Los Angeles International Airport (“LAX”),
violates California’s Liberty of Speech Clause and the First Amendment of the
United States Constitution.
On August 2, 2001, after protracted litigation, the district court held that
section 23.27(c) violated the California Constitution because LAX was a public
forum under California law and because section 23.27(c) was not a reasonable
time, place, and manner restriction on speech at LAX. Accordingly, the district
court permanently enjoined the City from enforcing section 23.27(c). The district
court did not reach the federal constitutional claim. The City timely appealed.
On June 9, 2008, after more protracted litigation, we issued an order
requesting the California Supreme Court to determine whether LAX is a public
forum under the California Constitution. The California Supreme Court granted
the request, and on March 25, 2010, the Court issued an opinion, which held that,
regardless of whether LAX is a public forum, section 23.27(c) is a reasonable time,
place, and manner restriction.

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When we apply California law, we are required to follow the holdings of the
California Supreme Court. See Aceves v. Allstate Ins. Co., 68 F.3d 1160, 1164
(9th Cir. 1995). Accordingly, we grant the City’s request to dissolve the injunction
that bars enforcement of section 23.27(c). We reverse the district court’s summary
judgment order in favor of ISKCON and remand to the district court to consider in
the first instance ISKCON’s remaining federal constitutional claim.
REVERSED AND REMANDED.

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