In a facial challenge to the constitutional validity of an ordinance, does the court need to take evidence regarding the enforcement of the ordinance?

California, United States of America


The following excerpt is from Estevanovich v. City of Riverside, 69 Cal.App.4th 544, 81 Cal.Rptr.2d 684 (Cal. App. 1999):

In a facial challenge to the constitutional validity of an ordinance, the court only considers the text of the measure itself, not its application to particular persons. In a facial challenge there is no need for the taking of evidence regarding the enforcement of the ordinance, since the issue is a [69 Cal.App.4th 565] matter of law as to the ordinance itself. (Tobe v. City of

Page 698

II. Plaintiffs Have Failed to Show That the Ordinance Violated Their Right to Equal Protection Under the Law

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