Lubavitch Congregation v. City of Long Beach

Plaintiff Lubavitch Congregation appeals from order denying a preliminary injunction to restrain defendant City of Long Beach from enforcing its ordinance which prohibits plaintiff from conducting a game of chance known as “break open bingo.”

Facts

The verified complaint for declaratory and injunctive relief alleged: Plaintiff is a charitable organization under California law and maintains its establishment in the City of Long Beach; 2 in 1980 defendant’s city council *1391 enacted ordinance No. 5.18.010 (now No. 5.20.010 and referred to herein by that number) prohibiting charitable organizations from conducting a form of bingo known as break open bingo wherein the participant purchases a sealed bingo card which is a predetermined winner or loser; 3 such ordinance conflicts with Penal Code section 326.5 which permits charitable organizations to conduct bingo games and defines bingo to include break open bingo; and by enacting section 326.5 the Legislature preempted the bingo field and ordinance No. 5.20.010 prohibiting break open bingo therefore is invalid. The complaint sought a judicial declaration that the ordinance is void on its face and an injunction enjoining…