Warner

Appeal from the denial of a writ of mandate sought by appellant in the superior court.

Respondents are the City of Los Angeles, its mayor, the members of the board of fire commissioners of the city and the chief of its fire department.

*905 Appellant is a fireman employed by respondent city. Invoking the Constitutions of our country and of our state he protests against a series of regulations and rules of the respondent board which force him to consume his meals at the same time and at the same place as other firemen while on 24 hour duty. 1 The express purpose of the rules in question is to further respondents’ policy “against all discrimination on the basis of race, color, national origin or religious belief. ...”

Appellant asks how respondents can violate his constitutional “freedom of association.” He is not asking the right question, which is, whether or not respondents in the interest of proper discipline and morale have the right to determine when and where firemen shall eat while on duty.

There is no question in our minds that the answer is “yes”. Whether or not the regulations are the best way to achieve the objective sought by respondents is not for us to say. The…