Masque Theater Corp. v. City of Los Angeles

SHINN, P. J. Masque Theater Corporation brings this action against the city of Los Angeles and certain of its officers for an adjudication of its right to exhibit a motion picture which it has contracted to exhibit and which the defendants allegedly claim would be in violation of certain provisions of Ordinance 77000 of the city, namely, sections [31241].02 and 41.13 of the Los Angeles Municipal Code. Section 41.02(a) provides: “No person, either as owner, manager, producer, director, actor, or agent, or who acts in any other capacity, shall give, direct, present, or participate in any obscene, indecent, immoral or impure drama, play, exhibition, show or entertainment, or any obscene, indecent, immoral, impure scene, tableau, incident, part or portion of any drama, play, exhibition, show or entertainment.”

Section 41.13 (a) provides: “No person shall show, exhibit, display, rent, sell, loan or give to any person, any motion picture or the projection of any picture, which pictures illustrate or depict any obscene, immoral, indecent, lewd, or lascivious act or acts.”

It is alleged that the defendants threaten to and unless restrained will cause the arrest and prosecution of the employes of plaintiff and will confiscate the film if it is exhibited by plaintiff. The prayer of the complaint is for injunctive relief and a declaratory judgment. It is alleged that the plaintiff had been operating a motion picture theater for seven years and has built up a valuable goodwill; that it has a contract to exhibit the picture and if prohibited from doing so it will suffer great financial loss. The complaint is in two causes of action, the first alleging facts pertinent to its demand for injunctive relief, the second for a declaration of rights.

Defendants filed a demurrer, both general and special and a motion to strike certain portions of the complaint. The motion to strike was granted, the demurrer was sustained upon special grounds and also upon the general ground without leave to amend. Judgment for defendants was entered and plaintiff appeals.

By its complaint plaintiff attacked the constitutionality of the ordinance upon the ground that it invaded the right of free speech. The trial court filed a comprehensive opinion sustaining the constitutionality of the ordinance. Upon the appeal it is sought to have this court decide the same question.

The complaint was manifestly insufficient. Both grounds of demurrer were well taken. It alleges that the motion picture was not obscene and that no part or portion of it depicted any obscene act or acts, but it is not alleged that the picture was not indecent, immoral or impure and that it did not depict any immoral, indecent, lewd or lascivious act or acts. After argument on the demurrer the matter was