Legal Question in Business Law in California

Does an ordinance denying a license to a business based on "the operation does not comport with good morals" violate the First Amendment?


Asked on 5/03/10, 1:19 pm

4 Answers from Attorneys

Marcia S Wertenberger Marcia S. Wertenberger, Esq.

I was dying to answer this question as you say it is in California but the zip code you listed is in Missouri!!!! Now you tell me the difference between California and Missouri???!!!!!!!! Yes it is a constitutional question - but I think if you ever saw the movie or know the story of Larry Flynt and Hustler getting nailed for selling "pornography" in the south you will see the problem. On it's face morallity is a matter of taste AND as a consitutional question it has to be held so ina federal court menaing you have to drag through the state courts to gt to the federal level - this can be a very lng haul - thus without any other details I would say yes it is unconsititional BUT not illegal. If you want to make a mark on society and do a good thing my best suggestion is to contact the ACLU - they are set up for this type of thing - to protect constiutional rights.

GO FOR IT - this country should be void of these oppressive laws. CALL THE ACLU!!! IT NEEDS TO BE DONE!

GOOD LUCK TO YOU!

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Answered on 5/08/10, 1:55 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

There's not enough information to answer the question. If you want to open a bar next door to a church you would probably have a hard time even in California. Like attorney Wertenberger I am dying to know whether this situation is in California or Missouri -- and I am speculating as to the possible Missouri standards of morality this might concern.

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Answered on 5/08/10, 2:55 pm
Kevin B. Murphy Franchise Foundations, APC

As the others have stated, more information is need to fully evaluate the legal issues and provide an answer. You should consult with an attorney in your area for more specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 5/08/10, 4:05 pm

You give so little information it is impossible even to tell if the First Amendment is even implicated. There may be Constitutional issues that involve the Commerce Clause or other portions of the bill of rights. So you really need to ask a complete question.

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Answered on 5/11/10, 11:50 am


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