Board of Police Commissioners v. Superior Court

I concur in the granting of the writ of prohibition because of the failure of real party to exhaust its administrative remedies. I do not agree with some of the reasoning expressed in the majority opinion.

Based on the limited record available to us, it appears that petitioner’s enforcement of section 103.102, subdivision (f), has only an inconsequential impact on real party’s First Amendment rights, and is not therefore constitutionally infirm. (City Council v. Taxpayers for Vincent (1984) 466 U.S. 789, 811 [ 80 L.Ed.2d 772, 791 , 104 S.Ct. 2118 ].) Real party’s First Amendment activities are not directly affected since neither the content nor the exercise of its First Amendment rights is infringed by the Board’s attempt to enforce specific and reasonable health and safety laws.

There is no constitutional defect in the language contained in section 103.102, subdivision (f). Health and safety laws are important governmental matters and First Amendments rights cannot be viewed in a vacuum. The language contained in section 103.34 allows the Board to revoke a permit if the permittee violates any related provisions of the code. Sections 57.10.30 and 57.10.34 deal with overcrowding…

The Board of Police Commissioners of the City of Los Angeles and Daryl F. Gates (Board) petitioned this court for a writ of mandate/prohibition to set aside a preliminary injunction restraining it from conducting an administrative hearing to determine whether certain permits held by Easebe Enterprises, Inc., dba Chippendales, (Easebe) should be revoked or suspended due to numerous alleged violations of the Los Angeles Municipal Code, particularly overcrowding.

Because the Board had jurisdiction to hold its scheduled hearings on the accusations and Easebe did not exhaust its administrative remedies, the superior court was without jurisdiction to act. Therefore, the petition for a writ of prohibition is granted.

Procedural and Factual Background

In March 1979, the Board granted Easebe a dance hall permit pursuant to Los Angeles Municipal Code (Code) section 103.106. In March 1980, Easebe received a cafe entertainment and shows (Cafe Entertainment/ Shows) permit pursuant to section 103.102.

Between February 1983 and March 1984, a series of accusations were brought before the Board charging Easebe with numerous violations of the Code, including overcrowding. A hearing…