In Re Williams

This matter came on for hearing after writ issued. It was stipulated that the facts of the case are correctly stated in the -petition.

Ordinance No. 7760 (as amended by Ordinance No. 7918) of the city of San Diego is an ordinance regulating public dance-halls, providing for the licensing thereof, etc. Section 16 of this ordinance, after setting out certain rules concerning teachers or instructors in public dance-halls, provides as follows: “Dance partners, other than such teachers as are necessary, shall not be employed.”

Petitioner has been arrested and imprisoned on a charge that he violated said ordinance in this, that at the stated time and place he “did wilfully and unlawfully, as owner, proprietor, manager, or person in charge of a public dance-hall employ girls as dance partners at said public dance, or in said public dance-hall, who were not necessary teachers or instructors.”

Petitioner claims that said ordinance in so far as it prohibits the employment of dance partners, other than such teachers as are necessary, is unconstitutional and void. The charge that these dance partners were not necessary teachers or instructors admits that they were teachers or instructors.…