Baron v. Los Angeles

Baron v. Los Angeles

Opinion

 [*537]  [**354]  [***674]    In 1967 the City of Los Angeles adopted Ordinance No. 134571, entitled "Registration of Lobbyists" and incorporated in Los Angeles Municipal Code at chapter 4, article 8, sections 48.01 to 48.09.

The ordinance provides that "any person who shall engage himself for pay or for any consideration . . . for the purpose of attempting to influence the action on municipal legislation by the City Council, any of its committees, any board or commission, or any committee thereof, or any officer or employee of the City charged by law with the duty of conducting [****2]   [*538]  a hearing and making a decision thereon, including the approval or veto or other action by the Mayor upon municipal legislation, shall, before doing anything in furtherance of such object, register with the City Clerk as a municipal legislative advocate." (§ 48.02, subd. (a).) ² "Municipal legislation" is defined by the ordinance to include "resolutions, motions, appeals, applications, petitions, nominations, ordinances, amendments, and other matters pending or proposed before the City Council or any of its committees, or before any board or commission, whether created by Charter or by ordinance, or any committee of a board or commission, or any officer or employee of the City charged by law with the duty of conducting a hearing and making a decision as to the matter pending or proposed." (§ 48.01, subd. (c).)

 [****3]  An individual required to register under the ordinance must file with the city clerk at the time of registration a form stating his name and address, the name and address of the person or organization represented by him, the duration of his employment, the amount he receives for expenses and what expenses are included. He must also submit written authorization from each person he represents. Each calendar quarter registrants must file additional reports of (1) all money received as compensation for regular employment as a municipal legislative advocate, (2) each expenditure of $ 25 or more made in the course of such employment, (3) the proposed legislation he was employed to support or oppose, and (4) the names of any publications to which he contributed written material to influence municipal legislation. (§ 48.02, subds. (a) and (b).) ³

 [****4]  The plaintiff in this action is an attorney in the Los Angeles area. A substantial portion of his practice involves appearances before the City Council, officers, boards, committees, and commissions of the City of Los Angeles on behalf of persons interested in matters falling within the definition of "municipal legislation" in the ordinance. To continue his activities,  [*539]  he will be required to register. Acting for himself and others similarly situated, plaintiff filed this action seeking a declaration that the ordinance is void as applied to attorneys because, so applied, it regulates the practice of law, a field preempted by state legislation.  [**355]   [***675]  The plaintiff contends that the State Bar Act ( Bus. & Prof. Code, §§ 6000- 6172) precludes local regulation of licensed attorneys engaged in the practice of law.

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