Federal Judge Temporarily Blocks Enforcement of San Diego's Offensive Speech Ordinance

Authored by Aldgra Fredly via The Epoch Times,

A federal judge on Sept. 23 temporarily blocked the enforcement of San Diego’s ordinance that bans “offensive or disorderly” conduct in public spaces, including making loud noises and using vulgar language.

Busker William J. Dorsett filed a complaint against the city on July 8 after a park ranger cited him for violating the ordinance when he criticized the ranger for ticketing another person, who was making bubbles for children in Balboa Park without protective equipment.

U.S. District Judge Barry Ted Moskowitz granted a preliminary injunction after Dorsett claimed that San Diego Municipal Code Section 56.27 violates the First Amendment.

In a nine-page ruling, Moskowitz stated that Dorsett is likely to succeed in proving that the city’s ordinance is “unconstitutionally vague and overbroad.”

Moskowitz said the ordinance failed to provide clear notice of what constitutes unlawful conduct and speech, noting that Dorsett was cited even though he was merely speaking to the ranger and not increasing any risk of danger.

Under Section 56.27, it would be unlawful to “make any loud noise, or disturbance, or use any loud, noisy, boisterous, vulgar, or indecent language on any of the streets, alleys, sidewalks, square, park, or in any store” and other public places in the city.

Moskowitz said the definition of what is considered offensive or disorderly, and whether someone’s speech is indecent or loud, can differ depending on the beholder and vary across locations and age groups.

“Those terms are subjective and can only be defined by comparison to a norm of ‘acceptable’ or ‘normal’ conduct and speech,” the Southern District of California judge stated.

“But Section 56.27 does not give people fair notice of how far they may or may not deviate from those norms to fall within the ordinance, and thus the violation of Section 56.27 ‘may entirely depend upon whether or not a policeman is annoyed.’”

Moskowitz said the ordinance appeared to restrict “a substantial amount” of constitutionally protected speech and amounts to “little more than a prohibition on ‘annoying’ or ‘inappropriate’ speech and conduct.”

The city had argued that Dorsett violated the ordinance by interfering with the ranger’s issuance of a citation to another person. Moskowitz said the city’s arguments were based on “factual contentions” that the court may not adopt at this stage.

Dorsett’s Complaint

In his complaint, Dorsett stated that he witnessed a park ranger issuing a citation to a man doing “a bubble show” for children in Balboa Park on June 25, 2023, and he filmed their interaction.

The ranger said the man was causing an “environmental impact issue” due to the use of dish soap, and that such bubble-making requires the use of protective equipment.

The ranger also explained that the man was cited because making “large bubbles” for children “is in violation of the Public Health and Safety Statute,” according to the complaint.

The complaint contended that in the months since Dorsett received the citation, the City of San Diego Parks and Recreation Department—which oversees the Park Rangers—had been showcasing imagery of an individual doing bubble shows for children without any protective equipment and creating no violation of the safety statute.

“And again within the last few weeks, the same City of San Diego agency continues to promote ‘community events for the whole family’ using giant bubble imagery for children,” the suit stated.

Dorsett requested that the court issue a preliminary and permanent injunctive relief, declare the ordinance unconstitutionally overbroad under the First and 14th Amendments, and grant compensatory damages, including for emotional harm.

The Epoch Times reached out to the San Diego city attorney’s office for comment but did not hear back by publication time.