Pomona
West Coast Theatres, Inc. v. City of Pomona
Opinion
Lead Opinion
Houser, J.
The question involved in this controversy concerns the constitutionality of an ordinance of the city of Pomona which in substance, so far as the plaintiff is concerned, will prevent it from exhibiting motion pictures “during any portion of any Sunday,” but which ordinance will permit such an exhibition at such time by any religious or philanthropic society, provided that no admission fee be charged.
The history of the litigation commences with the adoption of an ordinance through an initiative election by the qualified voters of the city of Pomona, the text of which, so far as is here applicable, being as follows:
Following the certification by the city clerk of the city of Pomona of the passage of the ordinance, the plaintiff brought suit .against the defendants wherein an injunction was sought restraining defendants from enforcing the ordinance. The defendants’ demurrer to the complaint having been overruled and no answer thereto having been interposed by them within the time allowed by law, judgment was entered against the defendants as prayed.
It is 'contended by respondent that the ordinance violates both the state and the federal constitution in that its enforcement would…