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BLAIR v. SHANAHAN

No. C-89-4176 WHO.

919 F.Supp. 1361 (1996)

Celestus BLAIR, Jr., Plaintiff, v. Steven SHANAHAN, individually and in his official capacity, et al., Defendants.

United States District Court, N.D. California.

January 31, 1996.

Attorney(s) appearing for the Case

Margaret C. Crosby, Alan L. Schlosser, Edward M. Chen, Matthew A. Coles, American Civil Liberties Union, Foundation of Northern CA, Inc., Michael C. Hallerud, Thelen Marrin Johnson & Bridges, San Francisco, CA, for plaintiff.

Louise H. Renne, City Attorney, George A. Riley, Randy Riddle, G. Scott Emblidge, Deputy City Attorneys, San Francisco, CA, for Defendants Shanahan, Lassus, Jordan, Paulson, and City and County of San Francisco.

Daniel Lungren, California Attorney General, George Williamson, Chief Assistant Attorney General, John H. Sugiyama, Morris Beatus, Enid A. Camps, Deputy Attorneys General, San Francisco, CA, for defendants.

OPINION AND ORDER

ORRICK, District Judge.

This case is before the Court on remand from the Ninth Circuit to determine (1) whether to allow the State of California ("the State") to intervene in the action, and (2) whether to vacate the Court's judgment declaring § 647(c) of the California Penal Code, the anti-panhandling statute, unconstitutional. For the reasons set forth herein, the Court grants the State's motion to intervene and vacates the declaratory...

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