Paul A. Richter Dba the Body Shop v. Department of Alcoholic Beverage Control of the State of California

Appellant operates an establishment in San Diego, “The Body Shop,” which serves alcoholic beverages and which offers to the public performances of nude dancing. The California Department of Alcoholic Beverage Control (“the Department”) enacted Administrative Rule 143.3 which, inter alia, provides that no liquor license shall be held at any premises wherein the live entertainment includes the “displaying of the pubic hair, anus, vulva or genitals.” " The United States Supreme Court found Rule 143.3 to be valid on its face in California v. LaRue, 409 U.S. 109 , 93 S.Ct. 390 , 34 L.Ed.2d 342 (19.72).

On March 18, 1976, the Department initiated another in a series of administrative proceedings against the appellant for viola tion of Rule 143.3(l)(c). Prior to a hearing on the matter, appellant filed an action in the district court below seeking: (a) a declaration that the application of the Rule to the appellant’s particular situation was an impermissible invasion of his constitutional rights, (b) a preliminary injunction restraining the Department from enforcing the Rule against the appellant, and (c) the convening of a three-judge court to hear the controversy. On June 3, 1976, the…