stitutional grounds" for revocation of the Vallerga license had been suggested by either the respondents or the appellants in the case; novel, unprecedented and important but orroneous principles of law and prejudicial legal conclusions were enunciated in the opinion; no prior opportunity was afforded petitioners to argue the new concepts; the dicta appears to have substituted for the Stoumen v. Reilly standerd a brand new test never heretofore assertod in California or the United States, namely proof of a "display of sexual desires and urges"; the new standard is constitutionally invalid by reason of indefiniteness of meaning and absence of qualifying limitations relating to intent, manner, degree, extent and effect of display; vesting oxclusive authority in the Department of Alcoholic Beverage Control as "keeper of the morals" of bar patrons, and particularly of homosexuals, is indicated from the dicta; the opinion fallaciously equates evidence of homosexuality or the homosexual nature of the patrons with proof of sexual desires and urges in direct contradiction to the Stoumen v. Reilly decision, which is thereby undermined.

DICTA CANNOT BE RECONCILED WITH STOUMEN DECISION

In the petition presented to the higher court, Lowenthal stated, "This transposition from 'illegal or immoral acts' to 'any public display of sexual desires or urgos' could only be justified on the entirely erroneous and fallacious assumption that all such displays (regardless of the intent, manner, extent or degree of the display and the effect of performance on others) are synonymous with, and are per se, 'immoral conduct' or 'immoral acts.' assumption confuses 'sin', or conduct which offends only from the strictly orthodox religious point of view, with conduct which is in fact and in law 'illegal or immoral' the standard or test required by Stoumen v. Reilly."

Such an

MEANING OF PUBLIC DISPLAY OF SEXUAL URGES AND DESIRES'

Using the process of reasoning found in the Vallerga dicta, Mr. Lowenthal continued, "In the general category of 'public displays of sexual urges or desires' must necessarily be included: certain accepted forms of dancing (such as 'rock and roll'); such acts as a man whistling or staring

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