Many of including

It is on the basis of this section that the 14 bars mentioned by Mr. Feinberg were cited by the ABC. these cases are still pending in the courts that of the Black Cat, and it would seem that Morris Lowenthal who represented Stoumen in the 1951 case will once again be forced to seek a ruling from the State Supreme Court, this time on the constitutionality of the now statute.

APPELLATE COURT DECISION

In the case of Vallerga v. Munro earlier this year the California First District Court of Appeal upheld the Stoumen v. Reilly decision of the State Supreme Court stating, "It must, therefore, be accepted that, under Section 24200(e), a license may not be susponded or revoked simply because homo sexuals or sexual perverts patronize the bar in question. Before such deprivation can occur there must be improper, illegal, disgusting or immoral acts of conduct committed on the promises to the knowledge of the licensee. As already pointed out, unless Section 24200 (e) is so interpreted, there would be grave doubts as to its constitutionality. The Stoumen case was interpreting what constitutes 'good cause' for the revocation of a license und or the Constitution. This constituted a limitation on the Legislature as well as on the administrative board. The only way that the constitutionality of Section 24200(e) could be saved was to assume that the Legislature was not attempting to overrule the Supreme Court's interpretation of the Constitution, but was acting in conformity thereto."

HOMOSEXUAL BEHAVIOR CLARIFIED BY COURT

The Appellate Court in the Vallerga decision went on to clarify what was merely homosexual behavior pointing out that these acts were not of themselves immoral, indecent, disgusting or improper. Here are some excerpts:

"All of the police officials laid great emphasis upon the fact that the majority of female customers were dressed in mannish attire, and that the patrons of the bar usually paired off men with men, and women with women. These facts, if entitled to any legal significance, merely emphasized