Davis

Appellant was denied a writ of prohibition against the prosecution of a misdemeanor complaint against him. He appeals. The charge is violation of a curfew. The alleged violation is against Contra Costa County Ordinance section 3108(c), which provides: “Section 3108. Violations of Chapter. It shall be a misdemeanor punishable by a fine not to exceed five hundred dollars ($500), or by imprisonment not to exceed six (6) months, or both, for any person: ...(c) During a disaster to do any act prohibited or omit to do any act required by any lawful regulations issued under this chapter, if the act or omission is of a nature to give, or be likely to give, assistance to the enemy, to imperil the lives or property of inhabitants of this county, or to prevent, hinder, or delay the defense or protection of the county.”

Facts

On April 16, 1968, at 10 p.m., the Director of the Contra Costa County Disaster Office, pursuant to County Ordinance section 3104(f), proclaimed the existence of a “state of emergency” as to El Pueblo Housing Project, a minority housing area within the City of Pittsburg, because of riotous conditions existing therein. Simultaneously, and pursuant to County…