Case: Hoye v. City of Oakland

3:07-cv-06411 | U.S. District Court for the Northern District of California

Filed Date: Dec. 19, 2007

Closed Date: 2012

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Case Summary

On December 19, 2007, plaintiff, a minister who attempted to dissuade women seeking an abortion in front of an abortion facility, filed this lawsuit against the City of Oakland under 42 U.S.C. § 1983 in the United States District Court for the Northern District of California, San Jose Division. The plaintiff, represented by private counsel and the Life Legal Defense Foundation, asked the court for declaratory and injunctive relief as well as damages, claiming that the defendant's ordinance regu…

Specifically, the plaintiff claimed that the ordinance making it unlawful, within 100 feet of the entrance of a "reproductive health care facility," to "willfully and knowingly approach within eight feet of any person seeking to enter such a facility… without the consent of such person… for the purpose of counseling, harassing, or interfering with such person…" was not being enforced in an even-handed manner. Under the ordinance, the term "counseling" is defined as "engaging in conversation with, displaying signs to, and/or distributing literature." However, the plaintiff alleged that the City had a policy of not enforcing its ordinance against those individuals engaging in pro-choice speech outside of the women's healthcare facilities, while the City enforced the ordinance prohibiting counseling against those whose speech contained anti-abortion content.

On August 4, 2009, District Court Judge Charles Breyer granted summary judgment in favor of the City. In response to the plaintiff's facial challenge to the ordinance, the district court held that its language was nearly identical to the statute upheld by the Supreme Court in Hill v. Colorado. The district court wrote that "as in Hill, the Ordinance applies 'equally to all demonstrators, regardless of viewpoint, and the statutory language makes no reference to the content of the speech.' And, as in Hill, 'the State's interest[] in protecting access . . . [is] unrelated to the content of the demonstrators' speech.'" In response to the plaintiff's as applied challenge, the district court found that the defendant was not failing to enforce the ordinance by allowing escorts who facilitate access to the reproductive health facilities to approach patients seeking care while disallowing the plaintiff to approach the patients any closer than 8 feet. The district court wrote that, "escorts who approach women for the purpose of facilitating their access into a clinic are not approaching 'for the purpose of counseling, harassing, or interfering.'" Hoye v. City of Oakland, 642 F.Supp.2d 1029 (N.D. Cal. 2009). Plaintiff appealed.

On July 28, 2011, Judge Marsha Berzon of the United States Court of Appeals for the Ninth Circuit wrote for the court affirming in part and reversing in part the district court's decision. The circuit court agreed that the ordinance was constitutional on its face, but that the defendant was applying the ordinance in an unconstitutional manner. The circuit court found that the City's police department was enforcing the statute against "efforts to persuade women approaching reproductive health clinics not to receive abortions or other reproductive health services, and not to communications seeking to encourage entry into the clinic for the purpose of undergoing treatment." That is, the police department did not require the "escorts" to receive consent to speak to women seeking to enter the clinics, while it did require anti-abortion protestors to receive such consent. The circuit court remanded the case with instructions to grant plaintiff's motion for summary judgment in part and grant him relief consistent with the opinion. 653 F.3d 835 (9th Cir. 2011).

Following this ruling, the City issued new police training materials that were meant to educate officers as to the neutral application of the ordinance. On December 16, 2011 District Court Judge Breyer ruled that these training materials were adequate to grant the plaintiff relief consistent with the Ninth Circuit's opinion. The district court noted that if the police officers enforced the ordinance in a way that was inconsistent with the training materials, the plaintiff may revive his case. On May 31, 2012, plaintiff filed a motion for entry of judgment with proposed language for a three part order. Judge Breyer entered judgment on August 3, 2012, holding that: the City's policy of exempting speech facilitating access violated the First Amendment, that the City must enforce the ordinance in an evenhanded manner, and that the ordinance was constitutional on its face.


3:07-cv-06411	Civil Docket	Oct. 1, 2012	Oct. 1, 2012 Docket
38 3:07-cv-06411	FIRST AMENDED COMPLAINT FOR CIVIL RIGHTS VIOLATION AND INJUNCTIVE AND DECLARATORY RELIEF	June 6, 2008	June 6, 2008 Complaint
44 3:07-cv-06411	Memorandum of Points and Authorities in Support of Defendant's Motion to Dismiss Plaintiff's First Amended Complaint	June 23, 2008	June 23, 2008 Pleading / Motion / Brief
46 3:07-cv-06411	Order Denying Plaintiffs' Application for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction	June 24, 2008	June 24, 2008 Order/Opinion
74 3:07-cv-06411	Second Amended Complaint for Civil Rights Violation and Injunctive and Declaratory Relief Hoye v. City of Oakland	Feb. 4, 2009	Feb. 4, 2009 Complaint
152 3:07-cv-06411	Memorandum and Order	Aug. 4, 2009	Aug. 4, 2009 Order/Opinion 642 F.Supp.2d 1029
172 3:07-cv-06411	Order Denying Application for Injunction Pending Appeal	Sept. 30, 2009	Sept. 30, 2009 Order/Opinion
3:07-cv-06411	Opinion U.S. Court of Appeals for the Ninth Circuit	July 28, 2011	July 28, 2011 Order/Opinion 653 F.3d 835
208 3:07-cv-06411	Order Re Training Materials	Dec. 16, 2011	Dec. 16, 2011 Order/Opinion
212-1 3:07-cv-06411	Judgment	Aug. 2, 2012	Aug. 2, 2012 Order/Opinion

ECF Number	Date	Description	Link
1	Dec. 19, 2007	COMPLAINT against City of Oakland ( Filing fee $ 350, receipt number 54611002273.) SUMMONS ISSUED. Filed byWalter B. Hoye, II. (mcl, COURT STAFF) (Filed on 12/19/2007) (mcl, COURT STAFF). (Entered: 12/21/2007)	RECAP
2	Dec. 19, 2007	MOTION for Temporary Restraining Order, MOTION for Order to Show Cause re preliminary injunction filed by Walter B. Hoye, II. (mcl, COURT STAFF) (Filed on 12/19/2007) (mcl, COURT STAFF). (Entered: 12/21/2007)	RECAP
3	Dec. 19, 2007	MEMORANDUM of points and authorities in Support re 2 MOTION for Temporary Restraining Order MOTION for Order to Show Cause re preliminary injunction filed byWalter B. Hoye, II. (Related document(s) 2 ) (mcl, COURT STAFF) (Filed on 12/19/2007) (mcl, COURT STAFF). (Entered: 12/21/2007)	RECAP
4	Dec. 19, 2007	Declaration of Walter B. Hoye, II in Support of 2 MOTION for Temporary Restraining Order MOTION for Order to Show Cause re preliminary injunction filed byWalter B. Hoye, II. (Related document(s) 2 ) (mcl, COURT STAFF) (Filed on 12/19/2007) (mcl, COURT STAFF). (Entered: 12/21/2007)	RECAP
5	Dec. 19, 2007	Request for Judicial Notice re 2 MOTION for Temporary Restraining Order MOTION for Order to Show Cause filed byWalter B. Hoye, II. (Related document(s) 2 ) (mcl, COURT STAFF) (Filed on 12/19/2007) (mcl, COURT STAFF). (Entered: 12/21/2007)	RECAP
6	Dec. 19, 2007	CERTIFICATE OF SERVICE by Walter B. Hoye, II re 3 Memorandum in Support, 4 Declaration in Support, 2 MOTION for Temporary Restraining Order MOTION for Order to Show Cause, 1 Complaint, 5 Request for Judicial Notice, Received Order (mcl, COURT STAFF) (Filed on 12/19/2007) (mcl, COURT STAFF). (Entered: 12/21/2007)	RECAP
7	Dec. 19, 2007	ADR SCHEDULING ORDER: Case Management Conference set for 3/28/2008 08:30 AM. Case Management Statement due by 3/21/2008. (Attachments: # 1 Order setting CMC, # 2 Standing Order, # 3 CM Standing Order for All Judges)(mcl, COURT STAFF) (Filed on 12/19/2007) (Entered: 12/21/2007) 1 Order setting CMC View on RECAP 2 Standing Order View on RECAP 3 CM Standing Order for All Judges View on RECAP	RECAP
	Dec. 19, 2007	Received Order re 2 MOTION for Temporary Restraining Order MOTION for Order to Show Cause by Walter B. Hoye, II. (mcl, COURT STAFF)
	Dec. 19, 2007	Summons Issued as to City of Oakland. (mcl, COURT STAFF)
	Dec. 19, 2007	CASE DESIGNATED for Electronic Filing. (mcl, COURT STAFF)
8	Dec. 20, 2007	Minute Entry: Telephonic Conference re TR - held on 12/20/2007 before Charles R. Breyer (Date Filed: 12/20/2007). Matter continued to 1/17/08 at 10:00 a.m. for Status Conference. (Court Reporter Belle Ball.) (fj, COURT STAFF) (Date Filed: 12/20/2007) (Entered: 12/26/2007)	RECAP
	Dec. 20, 2007	Set/Reset Hearings: Status Conference set for 1/17/2008 10:00 AM. (mcl, COURT STAFF)
9	Jan. 10, 2008	CLERK'S NOTICE re: Failure to E-File and/or Failure to Register as an E-Filer. (mcl, COURT STAFF) (Filed on 1/10/2008) (Entered: 01/10/2008)	RECAP
10	Jan. 16, 2008	Letter from Vicki Laden re status. (Laden, Vicki) (Filed on 1/16/2008) (Entered: 01/16/2008)	RECAP
11	Jan. 16, 2008	Letter from Michael Millen re Status. (Millen, Michael) (Filed on 1/16/2008) (Entered: 01/16/2008)	RECAP
12	Jan. 17, 2008	Minute Entry: Status Conference (Date Filed: 1/17/2008). (Court Reporter Lydia Zinn.) (be, COURT STAFF) (Date Filed: 1/17/2008) (Entered: 01/17/2008)	RECAP
13	March 13, 2008	ADR Clerks Notice re: Non-Compliance with Court Order. (tjs, COURT STAFF) (Filed on 3/13/2008) (Entered: 03/13/2008)	RECAP
14	March 14, 2008	STIPULATION to Continue Case Management Conference Date and Suspend ADR Requirements; [Proposed] Order by City of Oakland. (Laden, Vicki) (Filed on 3/14/2008) (Entered: 03/14/2008)	RECAP
15	March 17, 2008	ADR Certification (ADR L.R. 3-5b) of discussion of ADR options (Laden, Vicki) (Filed on 3/17/2008) (Entered: 03/17/2008)	RECAP
16	March 17, 2008	ORDER re 14 Stipulation filed by City of Oakland. Signed by Judge Charles R. Breyer on 3/17/08. (be, COURT STAFF) (Filed on 3/17/2008) (Entered: 03/17/2008)	RECAP
	March 17, 2008	Set Deadlines/Hearings: Case Management Statement due by 5/9/2008. Initial Case Management Conference set for 5/16/2008 08:30 AM. (be, COURT STAFF) (Filed on 3/17/2008)
17	May 8, 2008	STIPULATION and Order to Continue CMC by Walter B. Hoye, II. (Millen, Michael) (Filed on 5/8/2008) (Entered: 05/08/2008)	RECAP
18	May 9, 2008	ORDER re 17 Stipulation filed by Walter B. Hoye, II Further Case Management Conference set for 8/22/2008 08:30 AM.. Signed by Judge Charles R. Breyer on 5/09/08. (be, COURT STAFF) (Filed on 5/9/2008) (Entered: 05/09/2008)	RECAP
19	May 22, 2008	MOTION for Temporary Restraining Order filed by Walter B. Hoye, II. (Attachments: # 1 Proposed Order Proposed Order)(Millen, Michael) (Filed on 5/22/2008) (Entered: 05/22/2008) 1 Proposed Order Proposed Order View on RECAP	RECAP
20	May 22, 2008	Brief re 19 MOTION for Temporary Restraining Order - Memo of Ps & As filed byWalter B. Hoye, II. (Related document(s) 19 ) (Millen, Michael) (Filed on 5/22/2008) (Entered: 05/22/2008)	RECAP
21	May 22, 2008	Declaration of Walter B. Hoye, II in Support of 19 MOTION for Temporary Restraining Order filed byWalter B. Hoye, II. (Related document(s) 19 ) (Millen, Michael) (Filed on 5/22/2008) (Entered: 05/22/2008)	RECAP
22	May 22, 2008	Declaration of Michael Millen, Esq. in Support of 19 MOTION for Temporary Restraining Order filed byWalter B. Hoye, II. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 19 ) (Millen, Michael) (Filed on 5/22/2008) (Entered: 05/22/2008) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP	RECAP
23	May 22, 2008	Request for Judicial Notice re 19 MOTION for Temporary Restraining Order filed byWalter B. Hoye, II. (Attachments: # 1 Exhibit A)(Related document(s) 19 ) (Millen, Michael) (Filed on 5/22/2008) (Entered: 05/22/2008) 1 Exhibit A View on RECAP	RECAP
24	May 22, 2008	ORDER re telephone conference on Tuesday, May 27 at 2:30 p.m. Signed by Judge Susan Y. Illston for Judge Charles R. Breyer on 5/22/2008. (crblc1, COURT STAFF) (Filed on 5/22/2008) Modified on 5/23/2008 (mcl, COURT STAFF). (Entered: 05/22/2008)	RECAP
25	May 27, 2008	Minute Entry: Motion Hearing held on 5/27/2008 before Charles R. Breyer (Date Filed: 5/27/2008) re 19 MOTION for Temporary Restraining Order filed by Walter B. Hoye, II. Telephonic Conference set for 5/30/2008 09:30 AM. (Court Reporter Lydia Zinn.) (be, COURT STAFF) (Date Filed: 5/27/2008) (Entered: 05/28/2008)	RECAP
26	May 28, 2008	Letter from Vicki Laden enclosing Training Bulletin. (Laden, Vicki) (Filed on 5/28/2008) (Entered: 05/28/2008)	RECAP
27	May 29, 2008	Brief re 19 MOTION for Temporary Restraining Order - Supplemental filed byWalter B. Hoye, II. (Related document(s) 19 ) (Millen, Michael) (Filed on 5/29/2008) (Entered: 05/29/2008)	RECAP
28	May 29, 2008	Request for Judicial Notice re 19 MOTION for Temporary Restraining Order - 2nd Request for Judicial Notice filed byWalter B. Hoye, II. (Attachments: # 1 Exhibit A)(Related document(s) 19 ) (Millen, Michael) (Filed on 5/29/2008) (Entered: 05/29/2008) 1 Exhibit A View on RECAP	RECAP
29	May 29, 2008	ASSOCIATION of Counsel by City of Oakland. (Laden, Vicki) (Filed on 5/29/2008) (Entered: 05/29/2008)	RECAP
30	May 29, 2008	MEMORANDUM in Opposition re 19 MOTION for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction filed byCity of Oakland. (Related document(s) 19 ) (Marriott, Sarah) (Filed on 5/29/2008) (Entered: 05/29/2008)	RECAP
31	May 29, 2008	DECLARATION of Vicki Laden in Opposition to 19 MOTION for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction filed byCity of Oakland. (Attachments: # 1 Exhibit Exhibits 1-5)(Related document(s) 19 ) (Marriott, Sarah) (Filed on 5/29/2008) (Entered: 05/29/2008) 1 Exhibit Exhibits 1-5 View on RECAP	RECAP
33	May 30, 2008	Minute Entry: Motion Hearing held on 5/30/2008 before Charles R. Breyer (Date Filed: 5/30/2008) re 19 MOTION for Temporary Restraining Order filed by Walter B. Hoye, II, ***Motions terminated: 19 MOTION for Temporary Restraining Order filed by Walter B. Hoye, II.. (Court Reporter Sahar McVickar.) (be, COURT STAFF) (Date Filed: 5/30/2008) (Entered: 05/30/2008)	RECAP
34	June 2, 2008	Transcript of Proceedings held on 5/30/08, before Judge Charles R. Breyer. Court Reporter/Transcriber Sahar McVickar, Telephone number (415) 626-6060. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 8/28/2008. (McVickar, Sahar) (Filed on 6/2/2008) (Entered: 06/02/2008)	RECAP
35	June 5, 2008	MOTION to Dismiss Plaintiff's Complaint for Violation of Civil Rights filed by City of Oakland. Motion Hearing set for 7/11/2008 10:00 AM in Courtroom 8, 19th Floor, San Francisco. (Marriott, Sarah) (Filed on 6/5/2008) (Entered: 06/05/2008)	RECAP
36	June 5, 2008	Proposed Order re 35 MOTION to Dismiss Plaintiff's Complaint for Violation of Civil Rights by City of Oakland. (Marriott, Sarah) (Filed on 6/5/2008) (Entered: 06/05/2008)	RECAP

Case: Hoye v. City of Oakland

3:07-cv-06411 | U.S. District Court for the Northern District of California

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Docket for: Hoye v. City of Oakland

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