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Keywords

appealdiscrimination

discrimination

Related Cases

In re Wo Lee, 26 F. 471

Facts

The ordinance in question prohibited the establishment of laundries within San Francisco without a license granted by the board of supervisors. Initially, the ordinance required the consent of 12 citizens and tax-payers, which was deemed unconstitutional. After amendment, the requirement for citizen consent was removed, but the ordinance still allowed the board of supervisors to arbitrarily grant or deny licenses, effectively limiting the ability of individuals, particularly Chinese laundry operators, to conduct their business.

The ordinance in question prohibited the establishment of laundries within San Francisco without a license granted by the board of supervisors.

Issue

Is the ordinance requiring a license to operate a laundry, contingent upon the consent of the board of supervisors, constitutional under the Fourteenth Amendment?

Rule

An ordinance that imposes arbitrary conditions for obtaining a license to engage in a lawful business, which can lead to discrimination and prohibition of that business, is void under the Fourteenth Amendment.

Analysis

The court analyzed the ordinance's provisions and determined that the requirement for consent from the board of supervisors created an arbitrary standard that could be used to discriminate against certain groups, particularly Chinese laundry operators. The court referenced previous cases that established the principle that licenses cannot be used as a means to prohibit lawful occupations that are not harmful to public welfare. The lack of specific conditions for obtaining a license further highlighted the ordinance's potential for abuse.

Conclusion

The court concluded that the ordinance was unconstitutional and void, as it effectively prohibited the operation of laundries based on arbitrary discretion, particularly targeting Chinese operators. The petitioner was remanded, but an appeal was allowed for further review.

The court concluded that the ordinance was unconstitutional and void, as it effectively prohibited the operation of laundries based on arbitrary discretion, particularly targeting Chinese operators.

Who won?

The petitioner, Tom Tong, prevailed as the court found the ordinance unconstitutional, emphasizing the discriminatory impact it had on Chinese laundry operators.

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