City of Lafayette v. County of Contra Costa

In City of Lafayette v. County of Contra Costa (1979) 91 Cal.App.3d 749, it was resolved to install an automatic gate across Happy Valley Road, and to furnish certain "exempted drivers" with devices to open the gate. It was determined in that case that the legislative authority of section 21101, subdivision (a) did not extend to an ordinance which would "confine the right to use Happy Valley Road for purposes of travel to the City's residents, and deny that right to others of the traveling public...." Such an ordinance was unauthorized by any police power, and was in derogation of the public policy that all persons have an equal right to use the streets. ( City of Lafayette, supra, at p. 757.)