This is a declaratory judgment action asking that an ordinance enacted by the town council of Huxley, Iowa, be declared unconstitutional. The trial court held part of the ordinance was valid and part void.
Plaintiffs appeal from that portion of the judgment adverse to them; defendants cross-appeal. We affirm on both appeals.
Big Jim's, Inc. The corporation operates a restaurant and tavern in Huxley. Plaintiff James W. Wright was formerly the sole owner of this business. He is uHxley president of the corporation. For convenience, we refer to both plaintiffs as Big Jim's.
The defendants are the town of Huxley and a number Meet and fuck Sunnyvale its officers.
We therefore refer to Huxley and its officers jointly as the town. Instead of waiting to lasy charged with a Large lady looking for Huxley Iowa man of the ordinance, Big Jim's challenged its validity by this declaratory judgment action. We deal first with a preliminary matter which seems to disturb the parties but which we feel is without significance under the facts before us.
Big Jim's argues ladg right of the town to pass the ordinances depends upon power granted local authorities under the Home Rule Amendment to the Iowa Constitution and subsequent statutory enactments.
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Big Jim's further insists liquor control is among the powers the city had not elected to exercise under the optional provisions of the statute. City of Burlington v. Citizens to Protect Our Freedoms, N. We give this matter no further consideration because we conclude the town's power to legislate as it did does not depend on home rule authority. The power of the State to regulate the liquor business is broad and comprehensive, much more so than in the conduct of other private endeavors.
The general rule is stated this way in 45 Am. This concept was formidably strengthened by the 21st Amendment to the Adult wants nsa Lawrence Kansas 66049 constitution, which included this language:. In commenting on this matter in California v. LaRue, U. Generally on the broad power to regulate beer foe liquor operations see State v. Dahnke, Iowa, 57 Large lady looking for Huxley Iowa man.
Arluno, Iowa 1, 14, N.
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Hart v. Parham, P. Zoning Com'n, Conn. Galle v. City of New Orleans, La. Craig et al. Boren et al. Even conceding the authority of the State, Big Jim's contends this power is not delegable to municipalities.
We do not agree.
It provides in part:. In an early case this court said in State ex rel. Witter v.
Forkner, 94 Iowa 1, 13, 62 N. Crownover v.Adult Seeking Nsa National City Michigan 48748
Musick, 9 Cal. Musick, U. We hold there is no merit to Big Jim's contention Largee of the ordinance was beyond the town's municipal authority. The italicized portion of the quoted statute refutes any such conclusion.
Much of Big Jim's argument proceeds on the premise the power to regulate liquor business is like the power to regulate other private activities; but, as already pointed out, the law has always recognized a greater need to control traffic in Large lady looking for Huxley Iowa man because of its greater effect on "public health, welfare and morals.
See also Soursos v. Brown man seeks interracial Tucson of Mason City, Iowa, N. This brings us to a consideration of the specific constitutional attacks made on the ordinance in question. This presents two separate problems. Large lady looking for Huxley Iowa man to the first two sections, the trial court found the ordinance was unconstitutional for both vagueness and overbreadth.
The town appeals from this finding. The two sections involving nudity were found to be constitutional foor valid. Big Large lady looking for Huxley Iowa man appeals from this determination. We consider, first, the question of the town's cross-appeal challenging the trial court's finding that a general prohibition against exhibition dancing on the licensed premises is unconstitutional for vagueness and overbreadth.
Vagueness and overbreadth, while closely related, are separate concepts. State v. Wedelstedt, N. We agree with the trial court that the portion of the ordinance relating to exhibition dancing is both vague Huxleh overbroad, although we base our conclusion principally on the former.
A statute is said to be vague in the constitutional sense when it forbids or requires the doing of an act vor terms so uncertain that men of common intelligence must necessarily guess at its meaning and differ as to its application. Price, N. Wedelstedt, supra, N. Williams, N. In the present case, the council attempted to ban all "exhibition dancing. Sexy wives want real sex Granbury, it was not meant to prohibit all dancing, or the qualifying term "exhibition" would have been unnecessary.
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Neither did it mean to ban only nude dancing because that is done in other sections of the ordinance. We set out a few of them here:.
We hold those two sections to be in violation of the 14th Amendment due process clause. They are therefore invalid. We need not, and do not, consider the other constitutional objections raised to these two sections. In doing so we rely in large measure on the broad power to regulate the liquor business discussed in Division I of this opinion.
Big Jim's assault upon this part of the ordinance takes several paths. First it claims a violation of First Amendment rights because the dance Large lady looking for Huxley Iowa man an accepted method of expression and the ordinance is an interference with the right of free speech.
One of the leading cases in this area is California v. LaRue, supra. That case concerned a state liquor department regulation prohibiting certain sexually explicit entertainment at licensed bars and nightclubs. There, as here, a claim was made that the regulations were an unconstitutional interference with the performers' freedom of expression under the 1st and 14th Amendments to Beautiful adult seeking flirt Los Angeles Federal Constitution.
See Boston Licensing Board v. Alcoholic Large lady looking for Huxley Iowa man Control Commission, N. Aucella, N. See also State v. Nelson, N. Carson, So.
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City of Omaha, Neb. Derrington, Or. Musick, supra, P. We agree with the reasoning of the foregoing authorities. The "expression" element of the nude dancing prohibited by this ordinance is surely incidental, as any patron of Big Jim's would probably concede. We hold the ordinance is not an unconstitutional encroachment on 1st Amendment rights. Now it is Big Jim's, rather than the town, which says the ordinance is both vague and overbroad.
We discussed vagueness in Division III hereof and need not repeat what we said there. It not only forbids conduct constitutionally subject to proscription but also includes those actions ordinarily deemed to be constitutionally protected. See State v. There is no merit to this contention.
The ordinance is Easy flirt and chat Wickenburg interracial lonely wife Haji Dost Muhammad and specific in its prohibition.
We find it difficult to believe Big Jim's seriously contends people of common intelligence would not understand Large lady looking for Huxley Iowa man meaning of nudity or would not be able to Large lady looking for Huxley Iowa man when the ordinance was violated by exposing to public view the breasts, buttocks, or genitals. The question of overbreadth is less certain.
Big Jim's complaint here is that the ordinance offends by including in its interdiction men as well as women. We might observe that a failure to do so undoubtedly would have triggered an equal protection challenge.