Hornsby v. Allen
| Decision Date | 03 April 1964 |
| Docket Number | No. 20656.,20656. |
| Citation | 330 F.2d 55 |
| Parties | Mrs. Lola HORNSBY, Appellant, v. Ivan ALLEN, Mayor of the City of Atlanta, et al., Appellees. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Wesley R. Asinof, Atlanta, Ga., for appellant.
Henry L. Bowden, Newell Edenfield, Atlanta, Ga., for appellees.
Before TUTTLE, Chief Judge, JONES, Circuit Judge, and JOHNSON, District Judge.
Appellees have filed a petition for rehearing in which they challenge our original holding and seek clarification of the principles involved.
As to the first contention the cases cited by appellees to support the broad discretionary powers of liquor licensing authorities all stand for the proposition that local governmental bodies have great latitude in enacting reasonable standards and qualifications for those in the liquor business or seeking to engage in it. They do not say that the licensing authority can select those who are to receive licenses on the basis of uncontrolled discretion and whim, nor do they say that licensees can be selected without any established standards or in disregard of established standards. Thus, the cited case of Thurlow v. Commonwealth of Massachusetts, 5 How. 504, 46 U.S. 504, 12 L.Ed. 256, involved the conviction of one who had sold liquor without a license. The appellant challenged the state statute which required a license to sell imported liquors in quantities less than 28 gallons. The statute was upheld and the conviction affirmed. It can be readily seen that the discretion upheld there was in the general limitation on the right to sell liquor; Thurlow was subjected to the same restrictions as all others in the state.
Furthermore, we cannot agree with appellees' contention that a liquor applicant is like a candidate for a state governmental office who has no rights secured by the United States Constitution. The liquor business is like any other business in that the state is limited in its regulation of it by due process and equal protection requirements, although the peculiar nature of the business warrants the imposition of severe limitations on liquor traffic and tight restrictions on those persons engaged in it. In answer to appellees' suggestion that some rights, such as the right to practice law in a state court, are privileges not protected by the Constitution, we call attention to Konigsberg v. State Bar of Cal., 353 U.S. 252, 77 S.Ct. 722, 1 L.Ed.2d 810 (1957).
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People of State of New York v. Galamison
...— all these and many more would come within the sweep of § 1443(2). Compare Hornsby v. Allen, 326 F.2d 605, rehearing denied, 330 F.2d 55 (5 Cir. 1964). Although the unexpected character of such a wholesale transfer of jurisdiction from state to federal courts, the disruption of relationshi......
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Seidenberg v. McSORLEYS'OLD ALE HOUSE, INC., 69 Civ. 2728.
...Center v. Allen, 389 F.2d 713, 715-716 (5th Cir. 1968); Mayhue v. City of Plantation, 375 F.2d 447 (5th Cir. 1967); Hornsby v. Allen, 330 F.2d 55 (5th Cir. 1964); Lewis v. City of Grand Rapids, 13 Hostetter v. Idlewild Bon Voyage Liquor Corp., 377 U.S. 324, 84 S.Ct. 1293, 12 L.Ed.2d 350 (19......
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Walker v. City of Houston, Civ. A. No. 69 H 168.
...under § 1343 in cases involving both proprietary and personal interests. See, e. g., Hornsby v. Allen, 326 F.2d 605, reh. den., 330 F.2d 55 (5th Cir. 1964) (where plaintiff asserted that a city liquor license was arbitrarily denied); Barnes v. Merritt, 376 F.2d 8 (5th Cir. 1967) (plaintiff ......
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Davis v. Ball Memorial Hospital Ass'n, 80-1209
...reasonable manner such as 'by lot or on the basis of the chronological order of application.' " 398 F.2d at 265, citing Hornsby v. Allen, 330 F.2d 55, 56 (5th Cir. 1964). Having failed, however, to state with specificity the protectible interest involved, the court merely assumes its conclu......