Court trims ex-felon prison-visitation lawsuit, leaves vagueness claim alive

William Brown, known as Minister King X, and the advocacy group All of Us or None filed a lawsuit against California, asserting that Penal Code 4571—prohibiting felons from being on or near prison grounds without a warden’s consent—violates several constitutional protections and is overly vague. The suit claims infringements of First, Fourth and Fourteenth Amendment rights. U.S. District Judge Daniel Calabretta dismissed most of the causes of action, finding the plaintiffs lacked standing and that the statute is not broadly overreaching because it mainly targets non-expressive conduct.

However, he allowed the vagueness claim to proceed, noting that the phrase “adjacent” is unclear given the varied size and location of facilities. The court gave the plaintiffs another opportunity to file an amended complaint. Earlier dismissals had already removed Governor Gavin Newsom as a defendant.