Clemons v. City of Los Angeles

SCHAUER, J., Dissenting.

I agree with the conclusion of Mr. Justice Carter that the ordinance here involved, in its application to the facts of this ease, is arbitrary and discriminatory. On the face of the majority opinion it appears, I think, that the ordinance as applied bears no reasonable relation to legitimate objectives of constitutional police power but, rather, effects an unwarranted curtailment of the rights of private ownership. By heretofore well established standards the judgment should be reversed.