Judge Rules For Protesters, Nixes Beverly Hills Ordinance

BEVERLY HILLS, CA — A judge has ruled against the city of Beverly Hills in a case challenging the city's prosecution of more than two dozen people involved in demonstrations for racial justice last year after the killings of George Floyd and Breonna Taylor.

L.A. County Superior Court Judge Mark Windham ruled Friday that the emergency ordinance the city used to arrest the protesters is unconstitutional, the Los Angeles Times reported.

Many similar protests were held throughout Los Angeles County, but neither Los Angeles City Attorney Mike Feuer nor then-L.A. County District Attorney Jackie Lacey chose to charge nonviolent demonstrators.

But the Beverly Hills City Council passed an emergency ordinance that prohibited loud gatherings of more than 10 people after 9 p.m. in residential areas, to "preserve the peace and tranquility of residential neighborhoods."

However, Windham wrote that "Beverly Hills cannot prohibit legitimately targeted disturbances with a measure that equally prohibits innocent protected expression."

The case grew out of a June 26 demonstration that was relatively calm, but still resulted in 28 arrests, most for violations of the ordinance.

City spokesman Keith Sterling said Beverly Hills officials believe the rules were "constitutional as a temporary restriction," and "we believe that it meets the constitutional requirements of today's decision by Judge Windham," the Times reported.

Violators could have faced as much as six months in jail if convicted under the ordinance.

—City News Service