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Constitution of the State of California
(1849)

We the people of California, grateful to Almighty; God for our freedom: in order to secure its blessings, do establish this Constitution.

Article I: Declaration of Rights

Sec. 1.

All men are by nature free and independent, and have certain unalienable rights, among which are those of enjoying and defending life and liberty: acquiring, possessing and protecting property: and pursuing and obtaining safety and happiness, and privacy. [current Constitution]

Sec. 8.

No person shall be subject to be twice put in jeopardy for the same offence; nor shall he be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.

Sec. 9.

Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press.

Sec. 10.

The people shall have the right freely to assemble together,...
(RIGHT TO TRAVEL)

Sec. 19.

The right of the people to be secure in their persons, houses, papers and effects, against unreasonable seizures and searches, shall not be violated; and no warrant shall issue but on probable cause,

(FORMER) Sec. 21.

This enumeration of rights shall not be construed to impair or deny others, retained by the people.

The state has the authority to regulate the use of public highways for business purposes.
Morel v. Railroad Commission of California (1938) 11 Cal.2d 488

"'The right of a citizen to travel upon the highway and transport his property thereon in the ordinary course of life and business differs radically and obviously from that of one who makes the highway his place of business and uses it for private gain,... The former is the usual and ordinary right of a citizen, a right common to all; while the latter is special, unusual and extraordinary.
Frost v. Railroad Commission (1925) 197 Cal. 230

"The only limitations found restricting the right of the state to condition the use of the public highways as a means of vehicular transportation for compensation are (1) that the state must not exact of those it permits to use the highways for hauling for gain that they shall surrender any of their inherent U.S. constitutional Rights as a condition precedent to obtaining permission for such use..."
Riley v. Lawson, 143 So. 619
Stephenson v. Binford, 287 US 251
87 ALR (American Law Review) 721

"…the right of the citizen to drive on a public street with freedom from police interference, unless he is engaged in suspicious conduct associated in some manner with criminality, is a fundamental constitutional right which must be protected by the courts."
People v. Horton (1971) 14 Cal.App.3d 930

It is settled that the streets of a city belong to the people of a state and the use thereof is an inalienable right of every citizen of the state.
Whyte v. City of Sacramento (1924) 65 Cal.App. 534
Escobedo v. State Dept. of Motor Vehicles (1950) 35 Cal.2d 870

"'The streets of a city belong to the people of the state, and every citizen of the state has a right to the use thereof, subject to legislative control .... "The use of highways for purposes of travel and transportation is not a mere privilege, but a common and fundamental right, of which the public and individuals cannot rightfully be deprived ... [A]ll persons have an equal right to use them for purposes of travel by proper means, and with due regard for the corresponding rights of others. [Citations.]"' [Italics added, fns. omitted.]
City of Poway v. City of San Diego, 229 Cal.App.3d 847 [No. D013680. Fourth Dist., Div. One. Apr. 26, 1991.]

[1] "The streets of a city belong to the people of the state, and every citizen of the state has a right to the use thereof, subject to legislative control .... "'The use of highways for purposes of travel and transportation is not a mere privilege, but a common and fundamental right, of which the public and individuals cannot rightfully be deprived ... [A]ll persons have an equal right to use them for purposes of travel by proper means, and with due regard for the corresponding rights of others.'" (Escobedo v. State of California (1950) 35 Cal.2d 870, 875-876 [222 P.2d 1], fn. 4 quoting 25 Am.Jur., Highways, § 163, p. 457; italics added.)
Rumford v. City of Berkeley, 31 Cal.3d 545

We conclude that the right to intrastate travel (which includes intramunicipal travel) is a basic human right protected by the United States and California Constitutions as a whole. Such a right is implicit in the concept of a democratic society and is one of the attributes of personal liberty under common law. (See 1 Blackstone, Commentaries 134; U.S. Constitution., art. IV, section 2 and the 5th, 9th and 14th Amends.; Cal. Const., art. I, section 7, subd. (a) and art. I, section 24, which provides: "Rights guaranteed by this Constitution are not dependent on those guaranteed by the United States Constitution. This declaration of rights may not be construed to impair or deny others retained by the People.")
In re White (1979) 97 Cal.App.3d 141

A license proper is a permit to do business which could not be done without the license.
CITY AND COUNTY OF SAN FRANCISCO v. LIVERPOOL AND LONDON AND GLOBE INSURANCE COMPANY et al . (1887) 74 Cal. 113

A license in its proper sense is a permit to do business which could not be done without the license.
CITY OF SONORA v. J. B. CURTIN (1902) 137 Cal. 583

In California, a license is defined as "A permit, granted by an appropriate governmental body, generally for a consideration, to a person or firm, or corporation to pursue some occupation or to carry on some business subject to regulation under the police power."
Rosenblatt v. California (1945) 69 Cal. App. 2d 69

- THE LICENSE PLATE IS EVIDENCE OF COMMERCIAL USE! -

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