Maxim’s ruling

U.S. District Court Judge Morrison England Jr. this afternoon granted the Brookside restaurant Maxim’s permission to have music and dancing at night and ordered Stockton to revise or abandon what he said is unconstitutional language in its rule regulating entertainment at restaurants and bars.


The decision reversed the City Council’s denial last month of Maxim’s appeal for an entertainment permit. Maxim’s argued the discretionary nature of the process allowed the city to regulate speech on the basis of its content, restricting expression protected by the First Amendment.


England said almost identical language had been ruled unconstitutional more than 40 years ago.


A report is in the morning paper.


Accompanying the lawyers on the city’s side was intern Elizabeth Hull, a law student at Humphreys College Laurence Drivon School of Law. Her first day at City Hall was today.

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