What is a democratic lawyer?
He might be a democrat lawyer, but he represents unions and smells money, rightfully so
bookmark
ping
SeekAndFind :
(From the article) :" The 53-page opinion provides a framework for defeating mandates now and in the future.
.
Thanks for providing a direct link to the decision itself. Interesting reading, that.
“Under the police power granted by the Constitution, counties and cities have plenary authority to govern, subject only to the limitation that they exercise this power within their territorial limits and subordinate to state law. (Cal. Const., art. XI, § 7.) Apart from this limitation, the ‘police power [of a county or city] under this provision . . . is as broad as the police power exercisable by the Legislature itself.’” (Candid Enterprises, Inc. v. Grossmont Union High School Dist. (1985) 39 Cal.3d 878, 885; see Suter v. City of Lafayette (1997) 57 Cal.App.4th 1109, 1118.) A county or city “may use its police powers to do ‘“whatever will promote the peace, comfort, convenience, and prosperity” of [its] citizens . . . , [and these powers] should “not be lightly limited.”’” (San Diego County Veterinary Medical Assn. v. County of San Diego (2004) 116 Cal.App.4th 1129, 1135.) When a county’s or city’s action “‘is challenged as not being a valid exercise of police power, all presumptions favor its validity, and it will be upheld unless its unconstitutionality clearly and unmistakably appears.’” (Ibid.)
Courts will ordinarily uphold an ordinance enacted under a city’s police powers if the ordinance satisfies two requirements: (1) “‘it is reasonably related to promoting the public health, safety, comfort, and welfare’” and (2) “‘the means adopted to accomplish that promotion are reasonably appropriate to the purpose.’” (Sunset Amusement Co. v. Board of Police Commissioners (1972) 7 Cal.3d 64, 72 (Sunset Amusement); accord, Duarte Nursery, Inc. v. California Grape Rootstock Improvement Com. (2015) 239 Cal.App.4th 1000, 1009.) Thus, “[i]n determining the validity of a legislative measure under the police power our sole concern is with whether the measure reasonably relates to a legitimate governmental purpose,” and legislation “is within the police power if its operative provisions are reasonably related to the accomplishment of” that purpose. (Birkenfeld v. City of Berkeley (1976) 17 Cal.3d 129, 158, 160 (Birkenfeld).)
Personally, I find this wording to be frightening in breadth. Sure seems to me that all but the most evil, and draconian would be upheld as a "police power". No wonder this country is becoming such an authotarian craphole.
good article,thanks
i hope everyone who fired someone or threatened one’s job over a vax mandate can get at least 1 year in prison.