People Ex Rel. Hicks v. Sarong Gals

“Sarong Gals,” Seemaygro, Inc. (“Seemaygro”) and Norma Groat appeal from a judgment which permanently enjoined them and any other person from maintaining, using or occupying the premises known as Sarong Gals for the purpose of lewdness and which closed the premises to all uses for one year except for uses not involving entertainment or use of a Department of Alcoholic Beverage Control license.

The underlying facts of this case are set forth in our prior opinion, People ex rel. Hicks v. Sarong Gals, 27 Cal.App.3d 46 [ 103 Cal.Rptr. 414 ], where we held that the Red Light Abatement Law (Pen. Code, § 11225 et seq.) 1 may be used to abate continuing acts of lewdness sans evidence of prostitution and that the entertainment described in the instant case is lewd and not afforded the protection of freedom of speech under the First Amendment. We thus affirmed the trial court’s order denying dissolution of a preliminary injunction, but modified the injunction so as to strike that portion enjoining the defendants from conducting any performance in which the performer’s genitalia or anus were visible to any other person under the stricture of In re Giannini, 69 Cal.2d 563 [ 72…

I dissent.

The abatement order directing the sheriff to remove all the fixtures, equipment and musical instruments from the subject property and to close *564 the building so as to deprive the owner and lessee of any use thereof for any purpose for a period of one year constitutes a flagrant violation of the First Amendment.

The Red Light Abatement Law states that any place used for the purpose of illegal gambling, assignation, or prostitution is a public nuisance which may be abated. (Pen. Code, § 11225.) The act also may be used to abate continuing acts of lewdness. (People ex rel. Hicks v. Sarong Gals, 27 Cal.App.3d 46, 49-50 [ 103 Cal.Rptr. 414 ].) Once the nuisance is established to the satisfaction of the court, any movable personal property therein (including musical instruments) utilized in conducting, maintaining or abetting the nuisance may be removed and the building closed and the use thereof for any purpose prohibited for a period of one year. (Pen. Code, § 11230.)

A governmental regulation is sufficiently justified if it is within the constitutional power of the government; if it furthers an important or substantial governmental interest; if the governmental…

"Sarong Gals," Seemaygro, Inc. ("Seemaygro") and Norma Groat appeal from a judgment which permanently enjoined them and any other person from maintaining, using or occupying the premises known as Sarong Gals for the purpose of lewdness and which closed the premises to all uses for one year except for uses not involving entertainment or use of a Department of Alcoholic Beverage Control license.

The underlying facts of this case are set forth in our prior opinion, People ex rel. Hicks v. Sarong Gals, 27 Cal. App.3d 46 [ 103 Cal. Rptr. 414 ], where we held that the Red Light Abatement Law (Pen. Code, § 11225 et seq.) [1] may be used to abate continuing acts of lewdness sans evidence of prostitution and that the entertainment described in the instant case is lewd and not afforded the protection of freedom of speech under the First Amendment. We thus affirmed the trial court's order denying dissolution of a preliminary injunction, but modified the injunction so as to strike that portion enjoining the defendants from conducting any performance in which the performer's genitalia or anus were visible to any other person under the stricture of In re Giannini, 69…