Amusing Sandwich, Inc. v. City of Palm Springs

The Amusing Sandwich (plaintiff) is a video game and fast food operation, which claims to be “The Only Video Arcade in Downtown Palm Springs.” The action in the trial court was brought by plaintiff against the City of Palm Springs (City), seeking an injunction to prevent the enforcement of a City interim ordinance prohibiting the installation of any video games in City’s central business district (CBD). City filed a cross-complaint, claiming that plaintiff’s violation of the ordinance was a nuisance per se and should be abated. While the action was pending, the interim ordinance was replaced by a permanent ordinance, one which limited installation of video games in the CBD to four games or less in any one commercial facility.

After trial to the court, sitting without a jury, on a stipulated set of facts, judgment was entered for City and against plaintiff on all counts, and plaintiff was permanently enjoined from maintaining more than four video games on its premises.

Plaintiff appealed, contending: (1) the applicable ordinances (see infra) violate plaintiff’s equal protection rights; (2) the ordinances violate plaintiff’s due process rights; (3) a City planning…