791 P.2d 104 (Okla.Crim.App. 1990), M-89-83, Callaway v. City of Edmond

Docket NºM-89-83.
Citation791 P.2d 104
Party NameEd CALLAWAY, Appellant, v. CITY OF EDMOND, Appellee.
Case DateApril 24, 1990
CourtCourt of Appeals of Oklahoma, Court of Criminal Appeals of Oklahoma

Page 104

791 P.2d 104 (Okla.Crim.App. 1990)

Ed CALLAWAY, Appellant,

v.

CITY OF EDMOND, Appellee.

No. M-89-83.

Court of Criminal Appeals of Oklahoma.

April 24, 1990.

Rehearing Denied May 31, 1990.

An Appeal from the District Court of Oklahoma County; Karl Gray, District Judge.

Ed Callaway, appellant, was convicted in the District Court of Oklahoma County, for violation of Chapter 4.32.010 of the Edmond Municipal Code, (IV Counts), which prohibits the admission of persons under eighteen years of age to enter any pool hall, snooker parlor, billiard parlor, or similar place of business. He was fined $70.00 for each count, with all fines and costs

Page 105

suspended. REVERSED and REMANDED with instructions to DISMISS.

Charles W. Stubbs, Stubbs and Goodman, Oklahoma City, for appellant.

Stephen T. Murdock, John E. Dorman, Edmond, for appellee.

OPINION

JOHNSON, Judge:

Appellant, Ed Callaway, was convicted in the District Court of Oklahoma County, Case No. CA-87-132, for violation of Chapter 4.32.010 of the Edmond Municipal Code, (IV Counts), which prohibits the admission of persons under eighteen years of age to enter any pool hall, snooker parlor, billiard parlor, or similar place of business. He was fined $70.00 for each count, with all fines and costs suspended.

On the evening of September 18, 1987, Edmond Police Officers Jeff Brewer and Tony Fike were sent to an establishment in Edmond known as the "Tiger's Den," to investigate a complaint that minors were on the premises, in violation of Chapter 4.32.010 of the Edmond Municipal Code. Such Chapter provides:

It shall be an offense for any person or persons owning or operating for pay or for commercial purposes a pool hall, snooker parlor, billiard parlor, or similar place of business within the corporate limits of the City of Edmond, to permit any person under the age of eighteen years of age to enter such place of business or room where such games are played or are being played. Under no conditions shall a person under eighteen years of age be allowed to play any such game in such establishment within this City.

Upon entry, the officers observed several young persons, many of whom were playing pool. The officers detained several of the individuals and after determining that they were in fact under eighteen years of age, issued appellant the citations which are the subject of this appeal.

Appellant argues that the city ordinance is unconstitutional because it denies persons under the age of eighteen their right to freedom of association. We disagree.

In City of Dallas v. Stanglin, 490 U.S. 19, 109 S.Ct. 1591, 104 L.Ed.2d 18 (1989), the Supreme Court held that a Dallas city ordinance, which restricted the ages of admission to a certain class of dance halls to persons between the ages of 14 and 18, did not violate the patrons' associational rights under the Federal...

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