The ACLU in San Diego recently sent correspondence to the California Highway Patrol regarding several protesters from theNatural Rights Coalition, stemming from the CHP’s blatant disregard of First Amendment rights. According to correspondence from the attorney writing on behalf of the protesters, the protesters were originally standing in the grass near a sidewalk at an intersection in Escondido. After two Escondido Police Officers and a CHP officer told them to move, they moved to the sidewalk. Such sidewalks at a typical intersection have been held to be public forums open to pedestrian access. (See ACLU of Nevada v. City of Las Vegas).
Officer Mellos of the CHP then ordered them to move, erroneously claiming their activity was a violation of Vehicle Code section 22520.5. VC 22520.5 states that “No person shall solicit, display, sell, offer for sale, or otherwise vend or attempt to vend any merchandise or service while being wholly or partly within any of the following…” The statute is clearly wholly irrelevant to protesting on a sidewalk (well don’t be surprised – did you actually think the enforcers know the law?)
Below is a video of the incident involving protesters who are clearly on a sidewalk, who are confronted by CHP officers.
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