ABC PROCEEDINGS OUTLINED

In answer to a milder question, Mr. Feinberg outlined the structure of the Department of Alcoholic Beverage Control. The Stato Department is headed by a Director. Working under him are three Area Administrators. In disciplining a licensee, the proceedings aro "sui generis" (one of a kind) and are neither civil nor criminal procoedings. Nevertheless, Mr. Feinberg maintains that license owners receive "due process" in all cases and can appeal to the courts if they feel that they have not roceived justice at the hands of the ABC.

The chairman, Del Martin, was looking nervously at her watch and reminded Mr. Feinberg that he was running far into Attorney Lowenthal's time to speak. Mr. Feinberg replied happily that perhaps he could manage it so Mr. Lowenthal got no time to speak at all.

10-YEAR COURT HISTORY OUTLINED

After another exchange or two Mr. Lowenthal took the floor and briefly outlined the history of the gay bar in the California courts over the past ten years. He told us how in 1949 a Court decision went against gay bars in the Black Cat case (Stoumen v. Reilly); that in 1951 ho got the legal status of gay bars clearly set out and won the case for Mr. Stoumen. The State Supreme Court maintained at that time that the homosexual, like any other citizen, had the right to go into any public restaurant or bar and be served.

However, in 1955 certain groups of people pushed through the Legislature an unconstitutional statute that made it "illegal" for an owner to run a "resort for sexual perverts." On the basis of this statuto the ABC revoked 11censes simply on the basis of patronago, not on the basis of any lewd or indecent actions on the premises. "Pervert" was interpreted to mean in most cases "homosexual," and the ABC was particularly active against gay bars in applying it. Where prior to that time the ABC or the old Board of Equalization had been satisfied to close down u bar after gathering proof of misconduct on the premises, the ABC no longer felt itself roquired to prove anything