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7-/J;.3 UPDATE ON LEAGUE FRIEND-OF-THE-COURT FILINGS Learn more about League friend-of-the-court action in appellate cases affecting California cities. A brief summary of the cases and thanks to volunteer writers appear below. Adult Business Regulations Requiring Two Foot Zone Between Dancers and Patrons Upheld The Ninth Circuit Court of Appeals recently affirmed a district court's ruling concluding that a local ordinance requiring adult cabaret dancers to remain two feet away from patrons was constitu- tional. The ordinance was adopted to reduce the secondary effects of adult entertainment. The League thanks Scott Bergthold, for writing the friend-of-the-court brief on behalf of the League. The name of the case is Gammoh v. City ona Habra (9th Cir., Jan. 26, 2005). Ordinance Requiring Landlords to Evict Tenants Police Suspected of Drug or Gang Related Activity Associated with Property Found Unconstitutional A court of appeal agreed with the trial court and concluded that an ordinance requiring landlords to undertake eviction proceedings against occupants of a rental unit when the chief of police suspects a tenant has engaged in or permitted illegal drug activity, gang-related crime, or a drug-related nuisance in or near the rental property is unconsti- tutional. The court ruled that the ordinance vio- lated tenants' procedural due process rights because it imposed a substantial risk of erroneous deprivation of property rights through compelled eviction litigation on landlords, unwarranted fines and penalties, and countersuits by tenants. Local Ordinance Regulating Predatory Lend- ing Preempted The California Supreme Court recently con- cluded that a local ordinance that sought stricter regulation of predatory lending practices of state financial institutions was preempted by state law. The court reached its conclusion despite the fact that the Legislature specifically rejected language that would have expressly preempted local regula- tion in this area. The League thanks John Fellows, City Attor- ney, Torrance, for writing the friend-of-the-court brief on behalf ofthe League. The name of the case is AFSA v. City of Oakland. (Jan. 31,2005). Challenge to Issuance of Comprehensive Municipal Stormwater Sewer Permits The court of appeal has ruled that regional and state water control boards may issue comprehen- sive municipal storrnwater sewer permits that contain water quality standard provisions more stringent that the federal Clean Water Act's "maxi- mum extent practical. standard of stormwater pollutant abatement. These standards are alleg- edly too stringent and impossible to satisfy and will result in inconsistent application throughout the state. The League thanks Rufus C. Young, Jr. of Burke, Williams & Sorensen, and John Roddy of the San Francisco City Attorney's Office, for writing the friend-of-the-court letter in support of review on behalf of the League. The name of the case is Building Industry Association of San Diego, et al. v. California State Water Resources Control Board. Who is the Client? The League thanks Matt Gorman with Alvarez- Glasman & Colvin for writing the brief on behalf of the League. The name of the case is Cook v. City of Buena Park. (Dist. 4, Jan. 28, 2005). The question "Who is the client?" has come up in a case involving a former official who pleaded guilty to a felony conflict of interest charge and subsequently sued the public entity's former attorney for malpractice and breach of fiduciary duties. The issue is whether the former official Continued on Page 4 Visit the League's Official Web Siteuwww.cacities.org PRIORITY FOCUS/PAGE 3