Argue's attorney, Tony Bole, made the constitutional argument that the Santa Cruz Municipal Code treats commercial and non-commercial speech unequally. (I.e. it allows you to buy a permit to engage in commercial speech all day, but forces you to move along every hour for non-commercial speech and has no permit available).

Judge "Barricuda" Barton found this the only argument worth considering and scheduled the announcement of his decision for Friday the 19th in Dept. 2. Barton suggested that appeals from his constitutional ruling (whether in favor of Argue or against) could be made then, delaying further the actual trial (since these are all pre-trial motions).

A decision in the case of Mu the Flute Player (taken to court for playing within 10' of a building with an open flute case on ticket from CSO Pam Bachtel) will also be announced at the same time.