bited participation in fulfilling the sexual urges of homosexuals reported in some instances ... may nevertheless ofend good morals and decency by displays in public which do no more than m.nifest such urges. This is not to say that homo sexuals might properly be held to a higher degree of moral conduct than are heterosexuals. But any public display which manifests sexual desires, whether thay be heterosexual or homosexual in nature, may, and historically have teen, suppressed and regulated in a moral society."

While the Appellate Court had held that displays put into evidence in the Vallerga case (see pages 6 and 7 December LADDER) merely indicated that the patrons were homosexual, the Supreme Court stated, "The foregoing is sufficient evidence of a display of sexual desires and urges which, when made in a public place as a continuing course of conduct, could reasonably be found by the trier of fact to be 'contrary to public welfare or morals.'"

The higher court thus upheld the Appellate Court's decision of the Vallerga case merely be cause it had been tried on the basis of the bar being "a resort for homosexuals", but indicated that the license could have been revoked had the case been tried under Section 22, Article XX of the State Constitution which "vests the Department of Alcoholic Beverage Control with authority to institute disciplinary proceedings against a licensee and to revoke his license upon determination for good cause' that the continuance of such license would be contrary to public welfare or morals'."

AULING ELD TH T TOLL BARS

ttorney lorris Lowenthal protested that if the statement is accepted as a law enforcement standard "every bar in California #ill become vulnerable, some time or another, to license revocation proceedings." He declared also that the decision mi, ht be used for justification for censorship of magazines, plays and movies and for the closing of night clubs and other places of entertainment.

The attorney filed a petition for modification of the opinion without change in the judgment and petition for rehearing on the grounds that no previous reference to "con-