the fact that the patrons wore homosexuals or Lesbians. of themselves, the se acts did not amount to immoral, indecent, disgusting or improper acts. The y merely tended to prove that the patrons were homosexuals, a fact the licensee admitted. That fact alone, for reasons already stated, did not justify revoking the license."

"Several of the police officers testified that, on occasion, women were observed dancing with, and kissing, other women. This is not no cessarily offensivo, illegal or improper conduct that would justify the revocation of the license."

"The most damaging testimony was given by a policewoman who went to the bar as an undercover agent. She testified that she sat at a table and that a patron dressed in mannish costume sat down and stated to her, 'You're a cute little but oh.' Later in the evening this patron kissed the wit no ss. A waitress of the establishment, Buddy by name, came by and warned the participants that if they wanted to continue such activity they should go into the rest room. Other than through this waitress, there was no evidence the licensees knew of this activity or that they had been told of it. The officer did not complain to anyone about this conduct."

"Another police officer (who had been in the bar 10 times) on one occasion observed a display of affection between two men. He observed these two embrace and whisper to each other with their foreheads touching. He heard one of the men state to the bartender, 'Arley and I are going steady.' There was no evidence that the acts of affecti on between the two men were or should have been observed by the licensees or their employees."

"This is a fair summary of the alleged misconduct that was observed during the nine-month period. Some of the officers visited the bar during this period almost daily, whilo others were present several times a week. At most, the conduct observed indicated that the patrons were homosexuals.'

CIVIL RIGHTS OF HOMOSEXUALS ESTABLISHED

As pointed out by Attorney Lowenthal, whose firm acted as Amici Curiae on behalf of the appellants in the Vallerga

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