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Keywords

leaseregulationwrit of certiorari
leaseregulation

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In re Portnoy, 21 Cal.2d 237, 131 P.2d 1

Facts

Petitioners were convicted in the Justice's Court of Riverside County for violating Ordinance No. 248, which prohibited certain gambling activities. Their convictions were affirmed by the superior court, and a writ of certiorari to annul the judgments was denied by the California Supreme Court. The petitioners contended that the ordinance was unconstitutional because it duplicated existing Penal Code provisions, leading to a conflict between state and local law.

Petitioners were convicted in the Justice's Court of Riverside County for violating Ordinance No. 248, which prohibited certain gambling activities.

Issue

Are the sections of Ordinance No. 248 under which the petitioners were convicted unconstitutional due to their duplication of existing Penal Code provisions?

Are the sections of Ordinance No. 248 under which the petitioners were convicted unconstitutional due to their duplication of existing Penal Code provisions?

Rule

Local governments can enact regulations concerning gambling activities as long as they do not conflict with state laws. If an ordinance duplicates existing state law, it is invalid.

Local governments can enact regulations concerning gambling activities as long as they do not conflict with state laws. If an ordinance duplicates existing state law, it is invalid.

Analysis

The court analyzed the provisions of Ordinance No. 248 and found that sections 2 and 4 duplicated existing Penal Code sections, specifically Penal Code section 330a and section 331. The court concluded that the ordinance exceeded the limits of supplementary regulation and was therefore invalid. The court also determined that the invalid portions of the ordinance could not be severed from the valid portions, rendering the entire ordinance unconstitutional.

The court analyzed the provisions of Ordinance No. 248 and found that sections 2 and 4 duplicated existing Penal Code sections, specifically Penal Code section 330a and section 331.

Conclusion

The court held that sections 2 and 4 of Ordinance No. 248 are unconstitutional, and as a result, the judgments of conviction and the petitioners' detention were unlawful. The petitioners were discharged.

The court held that sections 2 and 4 of Ordinance No. 248 are unconstitutional, and as a result, the judgments of conviction and the petitioners' detention were unlawful.

Who won?

The petitioners prevailed in the case because the court found the ordinance under which they were convicted to be unconstitutional, leading to their release.

The petitioners prevailed in the case because the court found the ordinance under which they were convicted to be unconstitutional, leading to their release.

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