In what circumstances can localities proceed to enforce a statute of doubtful constitutionality by disobeying the statute?

Perhaps in some of these cases localities could have proceeded by obtaining declaratory relief as to a statute's unconstitutionality, rather than by disobeying the statute. In other cases, an actual controversy necessary for declaratory relief may have been lacking. In any case, the fact that the local government agency did not proceed by means of declaratory relief provided no insurmountable obstacle to a court's deciding the underlying constitutional issue raised by the agency's disobedience. (See, e.g., County of Riverside v. Superior Court, supra, 30 Cal.4th 278, 283, 132 Cal. Rptr.2d 713, 66 P.3d 718.)⁴³ Of course, if a court determines that interim relief to compel a government agency to obey a statute is appropriate, it may grant such relief before the constitutional question is ultimately adjudicated.

A third possible category of cases in which city officials might legitimately disobey statutes of doubtful constitutionality are those in which the question of a statute's constitutionality is substantial, and irreparable harm may result to individuals to which the local government agency has some protective obligationbe they employees, or students of a public college, or patrons of a public library, or patients in a public hospital, or in some cases simply residents of the city. Again, a court asked to grant a writ of mandate could conclude that a delay in granting the writ pending resolution of the underlying constitutional question is justified. To issue a writ enforcing a statute that may be unconstitutional, and that will work irreparable harm, would not "promote[ ] the ends of justice" (McDaniel v. City etc. of San Francisco, supra, 259 Cal.App.2d at pp. 360-361, 66 Cal.Rptr. 384), and a court has the discretion to delay such issuance until the underlying constitutional question is resolved.