Masque Theater Corp. v. City of Los Angeles

Masque Theater Corporation brings this action against the city of Los Angeles and certain of its officers for an adjudication of its right to exhibit a motion picture which it has contracted to exhibit and which the defendants allegedly claim would be in violation of certain provisions of Ordinance 77000 of the city, namely, sections *312 41.02 and 41.13 of the Los Angeles Municipal Code. Section 41.02(a) provides: “No person, either as owner, manager, producer, director, actor, or agent, or who acts in any other capacity, shall give, direct, present, or participate in any obscene, indecent, immoral or impure drama, play, exhibition, show or entertainment, or any obscene, indecent, immoral, impure scene, tableau, incident, part or portion of any drama, play, exhibition, show or entertainment.”

Section 41.13 (a) provides: “No person shall show, exhibit, display, rent, sell, loan or give to any person, any motion picture or the projection of any picture, which pictures illustrate or depict any obscene, immoral, indecent, lewd, or lascivious act or acts.”

It is alleged that the defendants threaten to and unless restrained will cause the arrest and prosecution of the employes of…