Plaintiff Recycle for Change uses unattended donation and collection boxes in Oakland, California to collect donations of used textiles.  Oakland passed an ordinance requiring such boxes to be permitted, which in turn requires payment of a permitting fee of $535.  The ordinance additionally imposed dispersal requirements between such boxes, as well as the location and physical characteristics of such boxes.  The federal district court found that the ordinance did not constitute a total ban on the boxes and, because it only regulated the physical characteristics of donation boxes, did not constitute a content based regulation.  Because the plaintiff was unlikely to succeed on the merits, the court denied the motion for preliminary injunction.

Recycle for Change v. City of Oakland, No. 15-CV-05093-WHO, slip op., 2016 WL 344751 (N.D. Cal. Jan. 28, 2016)

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Photo of Brian J. Connolly Brian J. Connolly

Brian Connolly represents public- and private-sector clients in matters relating to zoning, planning, development entitlements and other complex regulatory issues.  Brian’s practice encompasses a broad range of land use matters including zoning compliance, rezonings and other regulatory amendments, planned-unit developments, development agreements, private covenants and restrictions, land use and zoning litigation, initiatives and referenda associated with land use approvals, and real estate transactions.  Brian additionally specializes in the First Amendment and land use issues associated with outdoor sign and advertising regulation, and fair housing matters in local planning and zoning.