Aaron v. Municipal Court

Aaron v. Municipal Court (1977) 73 Cal.App.3d 596, presented a situation in which petitioners sought a writ of prohibition prohibiting prosecution for violation of a municipal ordinance which prohibited charitable solicitations without a permit. In noting that petitioners' standing to contest the constitutionality of the statute was unchallenged, the court remarked: "A person faced with an unconstitutional licensing law may ignore it and engage with impunity in the exercise of the right of free expression for which the law purports to require a license, and he is not precluded from attacking its constitutionality because he has not applied for a permit. (Id. at p. 599, fn. 2) In Aaron v. Municipal Court (1977) 73 Cal.App.3d 596, the San Jose municipal ordinance outlawing charitable solicitations without a license was held too vague to constitute a constitutionally permissible control of charitable solicitation. The ordinance required that a public solicitation commission be satisfied "that such purpose or object of the solicitation is worthy and not incompatible with the public interest"; and that "the applicant and other persons engaged in such solicitation are of good character." Furthermore, there was no standard in the ordinance by which it could be determined, as required by the ordinance, whether "the total cost and expenses of such solicitation are not disproportionate to the sum proposed to be collected thereby." ( Id. at pp. 607-610.)