Loska

The issue before us is the constitutionality of Los Angeles Municipal Code section 42.03, subdivision (a), prohibiting the sale of, or offer to sell, tickets of admission to a public assemblage in any public place.

Petitioner William Loska was charged with violating the ordinance in that he “did willfully and unlawfully upon a public street, sidewalk, park and other public place, sell and resell and offer to sell and resell a ticket of admission to a place of public assemblage.” Petitioner was on Stadium Way in Elysian Park Drive, approximately one-quarter mile north of Dodger Stadium, when he was arrested. Petitioner, who was proceeding in pro. per., challenged the constitutionality of the law in a motion to suppress. The municipal court held that the ordinance was unconstitutional, granted the motion to suppress and dismissed the case. The People appealed. The appellate department of the superior court reversed on procedural grounds and also held the ordinance was valid. Petitioner sought a writ of habeas corpus in this court. We exercised our discretion to grant a writ of review.

Discussion

I

Police Power

Under the police power granted by the California…