The following passage taken from the Vallerga brief also sums up some pertinent facts:

"Man's inhumanity to man has shown itself no clearer than in common attitudes toward so-called homosexuals. Yet persons with homosexual inclinations are not ipso facto criminals or detrimental to civilization, nor are they necessarily afflicted by disease. nor do they comprise a small proportion of the population which can be isolated and contained, nor can homosexuality be stamped out by repressive measures out of all proportions to the public good, nor is homosexuality as such intrinsically evil. All the se factors and others, which demonstrate the arbitrariness of officially making homosexuals outcasts and denying them the equal right to frequent licensed restaurants and bars on the same terms as other adult citizens, have been definitely established by eminent authorities."

Throughout the brief there are quotes from such "eminent authorities" as Kinsey, Judge Morris Ploscowe, Dr. Karl Bowman, Dr. Norman Rieder and Morris L. Ernst. Their statements would bear out the contenti on of the appollants and their attorneys.

We contend that "gay" bars per so are not harmful to society and that discrimination against those establishments whose clientele is largely made up of homosexuals is not only unconstitutional but also pointles5.

We also believe that the role of the ABC in protecting the public decency is just and necessary. We certainly do not condone any illicit behavior and believe that the bar management should require of all patrons strict compliance with the law. Open and obvious activity involving the genitals of persons in the bar, as was established in the evidence of the Kershaw case, should be prosecuted. And here is the role of the administrative for cos not in the more persecution of homosexuals.

The existing attitude of law enforcement officials towards "gay" bars is not unique with California. It was noted in the November 11th issue of the "Village Voice" in New York City that the license of "Lenny's Hideaway"