SAN DIEGO — In 1952, the City of San Diego adopted Section §56.09 which prohibits lottery tickets.
Ten years before that, in 1942, the city adopted a series of laws banning pinball games and claw machines.
The same municipal section outlaws "disorderly or offensive conduct in public places."
More than 70 years later, these laws and many others remain enforceable and still appear in San Diego's Municipal Code.
Municipalities across the country still have old, antiquated laws on the books. San Diego is no exception.
CBS 8 wanted to find out just what some of those laws look like. Doing so not only provides a glimpse into San Diego's past but raises questions as to why they are still on the books and in some cases, according to one San Diego civil rights attorney, still being used by law enforcement or city park rangers.
What are some of the strangest laws still on the books?
Lottery Tickets
Despite being found on nearly every street corner, at every convenience store and grocery store citywide, Section §56.09 in San Diego's Municipal Code which was adopted in 1952 is clear: No person shall have in his possession any lottery ticket or have, keep or store upon any premises in his possession or under his control any lottery ticket.
Pinball Machines
While not as common as lottery tickets, pinball machines are still found at nearly every arcade, a few pizza joints, and some bars throughout San Diego. Little do some know that they are all banned. Initially passed in 1942, Municipal Code Section 56.20 reads:
“Pin Ball Game.” Any table, cabinet or mechanism equipped for the playing of any game whereby any marble, ball, pellet or other moving object is propelled, released, rolled or shot along, over or above a surface set with pins, pegs or other obstructions or irregularities which deflect or impede the course of the moving object or which may divert or direct it beyond the control of the player.
The same goes for those claw machines that are found at every family entertainment center, reads subsection (e): “Claw,” “Hook” or “Grab” Machine. Any amusement machine or device so designed that articles placed or heaped therein for the purpose of the game may be grabbed, hooked, or otherwise displayed, recovered or removed by the operation of any contrivance simulating in miniature a power–shovel, clamshell, dragline, or similar excavating tool or machine; it being the intent hereby to include machines or devices which do not deliver, disgorge or eject any article contained therein, or permit the operator to obtain possession of any such article or duplicate thereof.
Loud Noises in Public, Disorderly Conduct and Picketing
In addition, San Diego's Municipal Code currently outlaws loud noises in public places.
Section 56.27 states that it is illegal to "make any disturbance, or use any loud, noisy, boisterous, vulgar, or indecent language on any of the streets, alleys, sidewalks, square, park, or in any store or other public place" in the city of San Diego.
The city's Municipal Code doesn't stop there in terms of what is or is not allowed in public places.
Section 56.52 prohibits people from picketing in public or outside of businesses.
"It shall be unlawful for any person or persons in or upon any public street, sidewalk, alley, or other public place in The City of San Diego to picket, act as a picket, or assist or engage in any act of picketing, or to place, carry, show or display any banner, badge, sign or other signal in front of or in the vicinity of any works, factory, shop, store, hotel, restaurant, public conveyance, or any other place where business is transacted, conducted or carried on, in a manner calculated or intended to cause or incite a public disturbance, or a breach of the peace, or in a manner the natural and reasonable tendency of which may cause or incite public disturbance or a breach of the peace. (Incorp. 1–22–1952 by O–5046 N.S.)
The Dangers of Antiquated Laws
And while some outdated laws may provide a lighthearted look into San Diego's past, there are dangers in not removing them from the books, says civil rights attorney Tim Scott, a partner at McKenzie Scott, a national law firm based in San Diego.
Scott says he has seen instances where the laws continue to be enforced and some of the laws, such as prohibitions on picketing and making what some can view as loud or disruptive speech in public can violate a person's First Amendment rights.
"I don't know about you, but my kids are like freakishly good at those claw games in the arcades. It turns out they are a bunch of little criminals under the San Diego Municipal Code," Scott told CBS 8. "The same goes for pinball or the lottery, several ordinances here in the San Diego Municipal Code that are very much on the books, some of which conflict with state law, and some of which have serious First Amendment implications."
It is the First Amendment issue that Scott said can have serious ramifications for members of the public.
"San Diego Municipal Code 56.27 describes disorder disorderly or offensive conduct in a public place, the statute criminalizes disturbing or bothering or making any loud or boisterous noise in this doesn't begin to pass muster under the First Amendment," said Scott.
Scott said the disorderly conduct law has been used by city park rangers and other law enforcement to crack down on buskers, street vendors and performers.
"The problem with overbroad laws and with antiquated laws is that they turn over discretion and power to law enforcement," said Scott. "This essentially gives a blank check in some ways to to a park ranger or to a police officer, who may feel the temptation to use that power against somebody that they don't like, or a viewpoint that they don't like. And it's that exact result that the First Amendment doesn't tolerate."
CBS 8 reached out to the San Diego City Attorney's Office. In a statement, sent after the story was posted, a spokesperson for the City Attorney said that the city created a Charter Review Commission but has not met since 2007, despite repeated requests from the City Attorney's Office. Read the statement:
The City Council and Mayor have created Charter Review Commissions over the last few decades that are tasked with reviewing the Charter and recommending amendments and additions. Regrettably, the City has not convened a Charter Review Commission since 2007 – something the City Attorney’s Office has suggested for many years now. The City does not have a similar process for reviewing the entire San Diego Municipal Code, which is a massive document. The City Attorney’s Office will bring requests to the Council to amend the Municipal Code when we become aware of new cases or laws that contradict local laws or could benefit from updates. For example, at our suggestion, the City Council removed antiquated prohibited seditious language laws from the Municipal Code. In a couple of weeks, we will be introducing amendments to the Municipal Code that will update the City’s healthcare clinic protection laws in a post-Dobbs environment. We appreciate the research [CBS 8 has] done on other laws that may be outdated or in need of amendments. We think one of our law school interns would enjoy diving into that list!
Meanwhile, the Police Department did not respond to our request for comment.