California, United States of America
The following excerpt is from Estevanovich v. City of Riverside, 69 Cal.App.4th 544, 81 Cal.Rptr.2d 684 (Cal. App. 1999):
The majority points to California cases which have struck down discriminatory ordinances. In Deese v. City of Lodi (1937) 21 Cal.App.2d 631, 69 P.2d 1005, the court struck down a city ordinance that required certain places of business, such as stores, banks, and markets, to close on one weekend day, and on certain holidays, for the expressed purposes of providing a day of rest to working people, "of insuring adequate inspection, cleanliness and orderliness of such places of business, and of the articles sold therein, and for the purpose of promoting the public health...." (Id. at p. 635, 69 P.2d 1005.) The ordinance excepted "dance-halls, billiard-halls, skating rinks, baseball games, sporting contests, theatres, and other places of amusement." The court found that the ordinance not only created an arbitrary distinction, but also could not logically be said to promote cleanliness and orderliness. (Id. at p. 638, 69 P.2d 1005.) The court noted, "We may add what we know is common knowledge, that such excepted places are the very places where acts of disorderliness do occur, are expected to occur, and are of common occurrence, whereas, practically nothing of the kind ever does occur in a grocery store." (Id. at p. 638, 69 P.2d 1005.) The clear
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