City of Los Angeles v. Alameda Books, Inc. — Kennedy, J., Concurring

Summary

Justice Kennedy concurred in the judgment, agreeing the ordinance survived summary judgment. He maintained intermediate scrutiny applies to zoning ordinances aimed at secondary effects, even if content-based, so long as the purpose is not to suppress speech. He noted the city could rely on common experience and prior studies to support the belief that dispersal reduces adverse impacts without substantially diminishing speech availability.