In Re Wisner

The petitioner, being imprisoned, by the marshal of the city of Venice upon commitment after conviction for an alleged crime, to wit, the violation of a certain ordinance of the city of Venice, sued out this writ to determine the validity of such imprisonment.

The ordinance under which petitioner was prosecuted, in that part descriptive of the offense which might be committed thereunder, is as follows: “It shall be unlawful for any person, firm or corporation, in any public or uninclosed place, in the City of Venice, to play any musical instrument, or to sing, or to make any loud or unusual noise, or to call out goods, wares or merchandise, or the attractive features of any amusement, device or place of recreation or refreshment, without first securing from the Board of Trustees, a permit so to do. Said permit shall be granted only upon a written application, which application must specify the place for which the permit is to be granted, and the kind of amusement or noise desired to be made.” It is contended that the ordinance is void, first: "Because it invades the right of the citizen in unduly restricting liberty of action; second, that it is discriminatory. The right of a…