Gates

Four cases have been consolidated because they involve the same basic issues. The California Supreme Court transferred the within cases to this court for reconsideration in light of Morris v. Municipal Court (1982) 32 Cal.3d 553 [ 186 Cal.Rptr. 494 , 652 P.2d 51 ].

These cases arose from the city’s enforcement, through its police department, of city ordinances (L.A. Mun. Code, § 42.21-42.32), enacted pursuant to authorizing state statutes (Pen. Code, §§ 318.5-318.6). California Penal Code sections 318.5-318.6 prohibit nude entertainment in premises serving food or beverages, whether or not those beverages are alcoholic beverages, except where the premises are a theater, concert hall or similar establishment.

The city’s law enforcement officers sought to prosecute the defendant owners and employees for violations of Los Angeles Municipal Code sections 42.21 through 42.32. Thereafter, the plaintiff employers and employees of certain nude bars sought declaratory relief and injunctive relief to prohibit enforcement of these Los Angeles Municipal Code ordinances against them. Finding, as a matter of fact, that there is a high probability of success at trial for the…