Cohen

This appeal from the denial of a preliminary injunction against enforcement of an ordinance of the City and County of San Francisco regulating escort services, Municipal Police Code sections 1074.1 through 1074.30, is before us for the second time. Following our first decision holding the ordinance invalid as entirely preempted by state law, the Supreme Court granted hearing and, in Cohen v. Board of Supervisors (1985) 40 Cal.3d 277 [ 219 Cal.Rptr. 467 , 707 P.2d 840 ], held that only two, severable parts of the ordinance were preempted. (Id., at pp. 292, 304.) The court declined to reach further constitutional arguments directed against the remainder of the ordinance, however. Instead, the court retransferred the cause to us with directions to consider those issues on the merits but only if we should first find that the superior court abused its discretion in denying the application for preliminary injunction on the implied ground of failure to satisfy the “interim harm” factor necessary for issuance of the injunction. (Pp. 289-290.) We will conclude that the superior court did not so abuse its discretion and, accordingly, will not address the constitutional…