In this case, Paul Garrett Hugel, the plaintiff, was charged with violating a City of Santa Cruz Municipal Ordinance against selling "goods, wares, and merchandise" on the street when he placed a backpack upon which were displayed magazines for sale, without a permit. Hugel "sought declaratory relief, and an injunction against enforcement of the ordinance on the ground that it was unconstitutional."

The case asks several questions including: 1. Do the terms "goods, wares, and merchandise" apply to printed matter? 2. Is the ordinance in question unclear or overbroad? Lawyers for the plaintiff write: "We conclude that the ordinance, if applied to printed material, would inhibit the exercise of freedom of speech annd the press, and would be consititutionally overbroad." The court agreed with Hugel and the ACLU, and deemed the ordinance unconstitutional. The City of Santa Cruz was also ordered to return the magazines, which they had confiscated, to Hugel.