Benito Acosta v. City of Costa Mesa
2013 U.S. App. LEXIS 9066
9th Cir.2013Background
- Acosta challenged Costa Mesa Municipal Code § 2-61 as unconstitutional on First Amendment grounds; § 2-61 prohibits disruptive, insolent, or disorderly conduct by speakers at council meetings.
- The district court dismissed facial challenges but allowed as-applied claims to proceed; jury found in favor of defendants on many issues.
- Acosta was removed from a city council meeting for alleged § 2-61 violations after urging audience to stand in support of a position.
- The panel held § 2-61 is facially overbroad and cannot be severed; however, it was applied constitutionally to Acosta because the jury found his conduct actually disrupted the meeting.
- Because § 2-61 cannot be severed, the panel invalidated § 2-61 in its entirety, but upheld other district court rulings related to as-applied challenges and officer actions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 2-61 is facially invalid as overbroad. | Acosta: § 2-61 sweeps protected speech. | City: potential limiting construction exists. | § 2-61 overbroad; entire § 2-61 invalid. |
| Whether § 2-61 can be severed to save the ordinance. | N/A | Severability should save constitutional parts. | Volitional severability failed; § 2-61 cannot be severed. |
| Whether officers are entitled to qualified immunity for removal/arrest. | Officers violated rights; unsupported arrest. | Officers reasonably relied on a valid ordinance. | Officers entitled to qualified immunity; probable cause supported arrest. |
| Whether public entity immunity bars Acosta's damages claim. | Public entity liability for constitutional claims. | Immunity applies to city and officials. | Public entity immunity affirmed; damages claim barred. |
Key Cases Cited
- City of Houston v. Hill, 482 U.S. 451 (1987) (overbreadth in decorum rules; actual disturbance required)
- White v. Norwalk, 900 F.2d 1421 (9th Cir. 1990) (limiting construction to avoid overbreadth; disturbing conduct standard)
- Norse v. City of Santa Cruz, 629 F.3d 966 (9th Cir. 2010) (overbreadth analysis; limiting interpretation to actual disturbance)
- Wasden v. Wasden, 376 F.3d 908 (Idaho 2004) (severability of broad statutes; narrowing when severance feasible)
- Metromedia, Inc. v. City of San Diego, 649 P.2d 902 (Cal. 1982) (severability of unconstitutional text; legislative intent)