In Re Bartha

Petitioner Zsuzsanna Bartha, also known as Z. Budapest, was convicted in Los Angeles Municipal Court of a misdemeanor, violation of Los Angeles Municipal Code section 43.30, fortunetelling. The appellate department of the superior court affirmed the judgment and denied a motion to certify the case to the Court of Appeal pursuant to rule 63 of the California Rules of Court. Contending that the ordinance is unconstitutional, petitioner filed this petition for a writ of habeas corpus. (See In re Zerbe, 60 Cal.2d 666, 667-668 [ 36 Cal.Rptr. 286 , 388 P.2d 182 , 10 A.L.R.3d 840 ].)

Petitioner advertised her fortunetelling business in a local newspaper in the Venice area of Los Angeles. The ad stated: “The Feminist Wicca. Detailed tarot card readings, occult supplies, magical jewels, books, herbs,” giving, her address and a telephone number. Los Angeles Police Undercover Officer Lariy Shelley went to petitioner’s shop on December 19, 1974. He observed many candles, potions, and herbs for sale, and a sign stating, “tarot card readings, $10.00 a half hour.” He asked petitioner to explain what a tarot card reading was, and she replied that it was a spiritual reading in which she…