Judge Blocks Ordinance Banning Airport Solicitations

Religious followers, humanitarians and advocacy groups can continue to seek donations at Los Angeles International Airport after a federal judge blocked a city ordinance Friday that would have banned the solicitors.

U.S. District Judge John G. Davies granted a preliminary injunction against the measure but the decision may not be final.

Los Angeles Deputy City Atty. John Werlich, who argued in favor of the ban Friday, said authorities will take a few days to decide whether to appeal Davies’ preliminary ruling, take the issue to full trial or drop the ordinance.

“Frankly, we have to take the time to review all the options before us,” Werlich said.

Challenging the ban were lawyers representing California-based Hare Krishnas and the Committee for Human Rights in Iran.

“We’re elated,” said Svavasa Dasa, a president of the Hare Krishna temple in Venice, who attended the hearing. “The airport has always been a place for us to spread our message, not to keep people from getting to their plane.”

The law, which would prohibit people from asking for money “in a continuous or repetitive manner,” was to take effect three weeks ago and would have set jail terms of six months and fines of up to $1,000.

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At issue during the hearing at the Roybal Federal Building in downtown Los Angeles was whether the ban was a violation of 1st Amendment free-speech rights. It could only be constitutionally justified if donation seekers were denying reasonable access to flights.

Attorneys Barry A. Fisher, David M. Liberman and Deborah Zexter filed a joint lawsuit on behalf of the solicitors May 14, saying the groups were not blocking access to planes. They further challenged the law, saying it singles out donation seekers and allows voter registrations or petition signing to continue.

Davies, who had issued a temporary restraining order against the ban last month, agreed with the plaintiffs’ lawyers again Friday. He called the solicitors “annoying to some” but not in sufficient numbers to be so obtrusive.

Davies instead suggested that city examine solicitation regulations at airport areas with the most human traffic.

For years, airport officials, the airlines and airport vendors have sought bans of nonprofit soliciting groups, asking that they be kept from terminals, sidewalks and parking lots. But successful measures have usually been limited in scope or justified by extreme airport crowding.

In 1992, U.S. Supreme Court found that the the Port Authority of New York had the right to ban solicitations in the terminal halls at LaGuardia, Kennedy, and Newark airports.

In 1989, Sacramento International Airport was allowed to ban donation seekers under a judge’s ruling that the facility was too crowded to handle them. It was built for 3 million passengers each year but servicing 7 million.

San Francisco International Airport restricts nonprofit groups to booths at three terminals.

Fisher accused Los Angeles officials of backing a more comprehensive, facility-wide ban aimed at solicitors because LAX airlines and vendors believe that the solicitors could scare travelers off to other area airports or take money that could be spent at their establishments.

He said the action was one of three LAX solicitation bans backed by Los Angeles officials the last 25 years, but all previous efforts have been thwarted.

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Werlich contended that solicitors are more aggressive than other groups and therefore interrupt the orderly flow of passengers. He pointed out that LAX businesses do not allow vendors to engage in mobile sales such as “walking around selling flowers” because they do not wish to disrupt travelers from reaching their flights.

In addition to the city’s legal arguments, a lawyer for the Center for the Community Interest filed a “friend of the court” brief in the case, asking the judge to dismiss the suit based on federal case law, and send it to state court. But that request was denied. Robert Teir, general counsel for the group, said it supports municipal efforts to “maintain the quality of life.” The center previously backed the city of Santa Monica in its bid to ban panhandling on the Third Street Promenade.