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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 9-5

Citation
Section 9-5
Parent Document
Rental Housing Owners Ass'n v. City of Hayward, 200 Cal. App. 4th 81 (2011)
Jurisdiction
California (state)
Effective Date
2011-09-30

Other Sections in This Document (55)

Full Text

447 chars
RHOA also suggests the amended ordinance “offends due process” because it is “over-broad.” The overbreadth doctrine, however, applies only to activities sheltered by the First Amendment and is limited to and not recognized outside of the First Amendment context. (See United States v. Salerno (1987) 481 U.S. 739, 745 [95 L.Ed. 2d 697, 107 S.Ct. 2095].) We fail to see how the overbreadth doctrine has any relevance to the claims asserted by RHOA.