Recycle for Change v. City of Oakland, No. 16-15295 (9th Cir. 2017)Annotate this Case
The Ninth Circuit affirmed the denial of preliminary injunctive relief, holding that RFC was unlikely to succeed on the merits of its First Amendment claim challenging the City of Oakland's ordinance regulating unattended donation collection boxes (UDCBs) because the ordinance was content neutral and survived intermediate scrutiny. Assuming that charitable solicitations are protected speech, the Ordinance was content neutral to the extent it regulated speech or expressive activity at all. The Ninth Circuit concluded that the Ordinance plainly served important governmental interests unrelated to the suppression of protected speech; was sufficiently narrowly tailored and left alternative avenues of communication for RFC to express its message; and, because RFC did not demonstrate that it was likely to succeed on the merits of its First Amendment claim, the court need not address RFC's irreparable harm argument.