Barry v. City of Oceanside

In Barry v. City of Oceanside (1980) 107 Cal.App.3d 257, the city counsel revoked the business license of an adult bookstore on the ground that it was a threat to the public health, welfare and safety, much the same as the ordinance in issue herein. The Court held the ordinance in Barry was unconstitutionally vague, overbroad and a prior restraint against activity protected by the First Amendment. The danger of censorship and arbitrary suppression inherent in the employment of such imprecise standards is so great that voiding of such regulations is required even in the absence of proof of actual discrimination. (Burton v. Municipal Court, supra, 68 Cal.2d 684.)