Yesterday, in a case that we have been following for the past year, the Ninth Circuit Court of Appeals affirmed a California federal district court’s denial of a motion for preliminary injunction in a case pertaining to unattended donation and collection boxes in Oakland.
The plaintiff, a nonprofit group called Recycle for Change, places donation and collection boxes around Oakland in order to obtain donated materials for the dual purpose of conserving environmental resources and raising funds for charity. The city enacted an ordinance in 2015 to regulate unattended donation and collection boxes, which included a requirement that the property owner or operator of the boxes obtain a permit, produce a site plan, and carry at least $1 million in liability insurance. The license fee established under the permitting scheme is $246 per year, and the initial application fee for the permit is $535. The city’s regulations require maintenance of the boxes, place restrictions on the size and location of the boxes, and prohibit the placement of boxes within 1,000 feet of one another.
Recycle for Change sued Oakland on First Amendment and Equal Protection Clause grounds. The district court denied the plaintiff’s motion for preliminary injunction. Continue Reading Ninth Circuit Affirms Denial of Preliminary Injunction in Oakland Donation Box Case