County of Sacramento v. Superior Court

I concur in the majority opinion insofar as it concludes that petitioners assert that there is an inherent relationship between the regulation of booths in picture arcades where sexually explict films are shown and the protection of the public health, safety, morals and general welfare. So viewed, the ascertainment of the “factual basis . . . and the need for the ordinance,” sought by Goldie in these depositions, is unnecessary. This discovery attempt therefore can only be described as an improper attempt to probe the motivation of the sheriff and the county in proposing and enacting the ordinance.

But petitioners cannot have it both ways. They cannot now claim that the factual basis for this ordinance in Sacramento County is irrelevant (and hence not discoverable) and later seek to justify the enactment at trial by proof of unlawful incidents at picture arcades in Sacramento County. The need for regulation of picture arcades, like that of drugs, alcohol and prostitution, is either self-evident or it is not. Petitioners claim that it is and having staked their claim on that ground, there is where the legal battle must be fought.

Code of Civil Procedure section 1987.1 authorizes…

Arthur Wells, Jr., for Real Party in Interest.

OPINION

PUGLIA, P.J.

Petitioners Sacramento County and its sheriff are defendants in an action pending in the respondent superior court. In this writ proceeding, they seek mandate to secure a protective order limiting discovery and to vacate a trial court stay of enforcement of an ordinance. A writ of mandate will issue directing the granting of a protective order.

The pending action in respondent court tenders a challenge to the provisions of chapter 9.87 of the Sacramento County Code. Chapter 9.87 deals with the operation of picture arcades which are there defined as "any place to which the public is admitted or any public place, wherein one or more still or motion picture machines or projectors are operated or maintained to show still or motion pictures to five or fewer persons." (Sacramento County Code, § 9.87.010.) The ordinance also provides "No picture arcade shall be maintained or operated unless the complete interior of the place where the pictures are viewed is visible upon entrance to such place. No partially or fully enclosed booths or partially or fully concealed booths shall be maintained." (§ 9.89.020.)

Chapter…

Petitioners Sacramento County and its sheriff are defendants in an action pending in the respondent superior court. In this writ proceeding, they seek mandate to secure a protective order limiting discovery and to vacate a trial court stay of enforcement of an ordinance. A writ of mandate will issue directing the granting of a protective order.

The pending action in respondent court tenders a challenge to the provisions of chapter 9.87 of the Sacramento County Code. Chapter 9.87 deals with the operation of picture arcades which are there defined as “any place to which the public is admitted or any public place, wherein one or more still or motion picture machines or projectors are operated or maintained to show still or motion pictures to five or fewer persons.” (Sacramento County Code, § 9.87.010.) The ordinance also provides “No picture arcade shall be maintained or operated unless the complete interior of the place where the pictures are viewed is visible upon entrance to such place. No partially or fully enclosed booths or partially or fully concealed booths shall be maintained.” (§ 9.89.020.)

Chapter 9.87 was enacted December 17,1981, as an urgency measure to take…