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The plaintiffs have appealed from an order denying a preliminary injunction in an action brought to obtain a declaratory judgment that ordinance No. 146,360 of the City of Los Angeles, relating to nudity on public beaches and in other public areas, is unconstitutional and to enjoin the chief of police and other persons from enforcing or attempting to enforce the ordinance. In the complaint it is alleged that the individual plaintiffs are residents and taxpayers of the city and that they “desire to use the public beaches within the jurisdiction of the City of Los Angeles for sunbathing and swimming in the nude.” It is further alleged that they “bring this action on their own behalf and on behalf of all other persons similarly situated.”

The parties have not undertaken to discuss specifically the question of whether the trial court abused its discretion in denying a preliminary injunction (see Continental Baking Co. v. Katz, 68 Cal.2d 512, 527-528 [ 67 Cal.Rptr. 761 , 439 P.2d 889 ]; City of Santa Monica v. Superior Court, 231 Cal.App.2d 223, 226 [ 41 Cal.Rptr. 824 ]), but they have discussed in plenary manner the constitutionality of the challenged ordinance. Accordingly,…