Startrack, Inc. v. County of Los Angeles
Opinion
Opinion
Cobey, J.
Defendants, County of Los Angeles and its sheriff, Peter J. Pitchess, appeal from minute orders granting preliminary injunctions in favor of plaintiffs who operate nine commercial establishments providing nude or partially nude entertainment or food or beverage service of the type covered by Penal Code sections 318.5 and 318.6. The appeals lie. (Code Civ. Proc., § 904.1, subd. (f).)
Plaintiffs are Startrack, Inc., Sail’er Inn, Inc., Alhar Enterprises, Inc., Ed Butker, Jack E. Taylor, First King, Inc., Robert R. Scott, T. R. & R. Corporation, and Jack Fero. Their separate actions have been consolidated.
Generally these plaintiffs operate establishments which meet the specific physical requirements for a theater under the three ordinances herein challenged, namely, Los Angeles County Ordinances Nos. 9884, 9885, 11199, and are “primarily devoted to theatrical performances,” but they have only county entertainment licenses instead of county theater licenses. Thus, prior to the enactment of Ordinance No. 11199 in 1975 their establishments apparently were considered exempt from the 1969 ordinances by reason of the second paragraph of each of the enabling statutes.