Estevanovich v. The City of Riverside

MODIFICATION

CONSTITUTIONAL LAW

City ordinance restricting poolroom hours of operation is arbitrary and facially unconstitutional. JIM ESTEVANOVICH et al., Plaintiffs and Respondents, v. THE CITY OF RIVERSIDE et al., Defendants and Appellants. No. E018016 (Super.Ct.No. 230892) California Court of Appeal Fourth District Division Two Filed February 9, 1999 MODIFICATION OF OPINION; NO CHANGE IN JUDGMENT
        The opinion filed in this case on January 25, 1999, is modified as follows:

1.        On page 10,1 the last line in the first paragraph under DISCUSSION is amended to read as follows: "under article I, section 7, subdivision (b) and article IV, section 16, subdivision (a) of the California Constitution."

2.        At the bottom of page 10,2 the paragraph under the heading Equal Protection is replaced in its entirety with the following:
        "The Equal Protection clause of the Fourteenth Amendment provides that '[n]o state shall . . . deny to any person within its jurisdiction the equal protection of the laws.' Article IV, section 16, subdivision (a) and article I, section 7, subdivision (b) of the California Constitution guarantee to every person that '"[a]ll laws of a general nature shall have a uniform operation" and that "[no] citizen, or class of citizens, [shall] be granted privileges or immunities . . . not . . . granted [on the same terms] to all citizens". . . . This principle of "equal protection" preserved by both state and federal Constitutions, of course, "does not preclude the state from drawing any distinctions between different groups of individuals" [citation], but it does require that, at a minimum, "persons similarly situated with respect to the legitimate purpose of the law receive like treatment." [Citations.]' (Brown v. Merlo (1973) 8 Cal.3d 855, 861.)"
        Except for this modification, the opinion previously filed remains unchanged. This modification does not effect a change in the judgment.

WARD, Acting P.J.

I concur:
        GAUT, J.


1        See Daily Appellate Report of January 27, 1999, page 847, column 1, line 31 from top.

2        See Daily Appellate Report of January 27, 1999, page 847, column 1, line 34 from top.