ISKCON v. City of Los Angeles

A reasonable restriction on solicitation for funds in major international airports is permitted because they “have a legitimate interest in controlling pedestrian congestion and reducing the right of fraud and duress attendant to repetitive, in-person solicitation for the immediate receipt of funds.”

The International Society of Krishna Consciousness challenged the constitutionality of section 23.27(c) of the Los Angeles Administrative Code, which prohibits solicitation for the immediate receipt of funds in the Los Angeles International Airport, (“LAX”) in a continuous or repetitive manner. The district court granted summary judgment in favor of LAX, the City of Los Angeles, and LAX’s police chief. On appeal, the disputed question was whether section 23.27(c) of the Los Angeles Administrative Code constitutes a reasonable restriction on speech. The Ninth Circuit assessed whether section 23.27(c) is “‘reasonable in light of the purpose served by the forum,’ and ‘viewpoint neutral.’” Additionally, “the restriction ‘need not be the most reasonable or the only reasonable limitation’; it ‘need only be reasonable.’” Reasonable limitations are those that are “wholly consistent with the [government’s] legitimate interest in preserv[ing] the property…for the use to which it is lawfully dedicated.” The panel held that “major international airports have a legitimate interest in controlling pedestrian congestion and in reducing the risk of fraud and duress attendant to repetitive, in-person solicitation for the immediate receipt of funds,” especially post 9/11. Section 23.27(c) reasonably furthers Appellees’ legitimate interest in reducing congestion and fraud at LAX. AFFIRMED.