city
mesquite
aladdin
castle
argued
november
decided
february
section
appellant
texas
city
licensing
ordinance
governing
amusement
establishments
directs
chief
police
consider
whether
license
applicant
connections
criminal
elements
receiving
recommendations
chief
police
chief
building
inspector
city
planner
city
manager
decides
whether
grant
license
denies
license
applicant
may
appeal
city
council
city
manager
denied
application
chief
police
adverse
recommendation
applicant
character
applicant
must
show
city
council
good
character
section
ordinance
prohibits
licensee
allowing
children
years
age
operate
amusement
devices
unless
accompanied
parent
legal
guardian
appellant
ordered
texas
proceedings
issue
appellee
amusement
center
operator
license
license
application
initially
denied
predecessor
appellant
repealed
appellee
exemption
predecessor
appellee
brought
suit
federal
district
praying
injunction
enforcement
ordinance
district
held
unconstitutionally
vague
upheld
appeals
affirmed
basing
holding
solely
due
process
clause
fourteenth
amendment
reversed
basing
holding
texas
constitution
well
fourteenth
amendment
held
fact
phrase
connections
criminal
elements
eliminated
ordinance
case
pending
appeals
render
case
moot
defendant
voluntary
cessation
challenged
practice
deprive
federal
power
determine
legality
practice
appellant
repeal
objectionable
language
preclude
reenacting
provision
district
judgment
vacated
pp
appeals
erred
holding
unconstitutionally
vague
clear
procedure
followed
application
license
denied
city
manager
based
chief
police
recommendation
phrase
connections
criminal
elements
standard
approval
disapproval
application
rather
applicant
possible
connection
criminal
elements
merely
subject
directs
chief
police
investigate
makes
recommendation
city
manager
federal
constitution
preclude
city
giving
vague
ambiguous
directions
officials
authorized
make
investigations
recommendations
pp
congress
limited
jurisdiction
review
questions
state
law
ambiguity
appeals
holding
remand
clarification
holding
necessary
decide
federal
constitutional
question
connected
relevant
language
texas
constitutional
provisions
different
arguably
significantly
broader
language
corresponding
federal
provisions
unclear
whether
apply
matter
federal
law
standard
applied
matter
state
law
appeals
reviewing
policy
avoid
unnecessary
adjudication
federal
constitutional
questions
need
decision
federal
issue
texas
law
provides
independent
support
appeals
judgment
pp
reversed
part
remanded
elland
archer
argued
cause
filed
briefs
appellant
philip
tone
argued
cause
appellee
brief
louis
bickel
thomas
case
sampen
christopher
varner
briefs
amici
curiae
urging
affirmance
filed
lawrence
gunnels
james
klenk
rufus
king
amusement
device
manufacturers
association
philip
herrick
amusement
music
operators
association
robert
bork
david
springer
filed
brief
atari
amicus
curiae
justice
stevens
delivered
opinion
appeals
fifth
circuit
declared
unconstitutional
two
sections
licensing
ordinance
governing
amusement
establishments
city
mesquite
texas
section
ordinance
directs
chief
police
consider
whether
license
applicant
connections
criminal
elements
held
unconstitutionally
vague
section
prohibits
licensee
allowing
children
years
age
operate
amusement
devices
unless
accompanied
parent
legal
guardian
held
without
rational
basis
first
holding
rests
solely
due
process
clause
fourteenth
amendment
constitution
appeals
stated
second
holding
rested
two
provisions
texas
constitution
well
fourteenth
amendment
federal
constitution
congress
limited
jurisdiction
review
questions
state
law
ambiguity
appeals
second
holding
conclude
remand
clarification
holding
necessary
however
impediment
review
first
holding
april
accommodate
proposal
aladdin
castle
aladdin
open
amusement
center
shopping
mall
city
exempted
prohibition
operation
amusement
devices
unattended
children
certain
amusement
centers
features
defined
terms
aladdin
rules
long
children
age
seven
accompanied
adult
thereafter
aladdin
entered
lease
made
arrangements
open
center
mall
august
however
application
license
refused
chief
police
concluded
aladdin
parent
corporation
connected
criminal
elements
aladdin
brought
suit
texas
state
obtained
injunction
requiring
city
issue
license
forthwith
texas
found
neither
aladdin
parent
corporation
connection
criminal
elements
vagueness
ordinance
contravened
texas
federal
constitutions
february
less
month
city
complied
injunction
issuing
license
aladdin
city
adopted
new
ordinance
repealing
aladdin
exemption
thereby
reinstating
age
requirement
defining
term
connections
criminal
elements
detail
aladdin
commenced
action
district
northern
district
texas
praying
injunction
enforcement
new
ordinance
trial
district
held
language
connections
criminal
elements
even
defined
unconstitutionally
vague
district
upheld
age
restriction
ordinance
already
noted
appeals
affirmed
former
holding
reversed
latter
invoking
appellate
jurisdiction
city
asks
us
reverse
judgment
appeals
noted
probable
jurisdiction
aladdin
advised
us
ordinance
reviewed
appeals
amended
december
eliminating
phrase
connections
criminal
elements
age
restriction
however
retained
question
mootness
raised
revision
ordinance
became
effective
case
pending
appeals
decided
term
connections
criminal
elements
unconstitutionally
vague
language
longer
part
ordinance
arguably
fully
advised
regarded
vagueness
issue
moot
clear
us
however
duty
well
settled
defendant
voluntary
cessation
challenged
practice
deprive
federal
power
determine
legality
practice
abandonment
important
factor
bearing
question
whether
exercise
power
enjoin
defendant
renewing
practice
matter
relating
exercise
rather
existence
judicial
power
case
city
repeal
objectionable
language
preclude
reenacting
precisely
provision
district
judgment
vacated
city
followed
course
respect
age
restriction
first
reduced
aladdin
obvious
response
state
judgment
exemption
eliminated
certainty
similar
course
pursued
recent
amendment
effective
defeat
federal
jurisdiction
therefore
must
confront
merits
vagueness
holding
basic
principle
due
process
enactment
void
vagueness
prohibitions
clearly
defined
grayned
city
rockford
emphasis
added
may
assume
definition
connections
criminal
elements
city
ordinance
vague
defendant
convicted
offense
connection
may
even
assume
without
deciding
standard
also
vague
support
denial
application
license
operate
amusement
center
assumptions
sufficient
however
support
holding
ordinance
invalid
applicant
possible
connection
criminal
elements
merely
subject
ordinance
directs
chief
police
investigate
makes
recommendation
city
manager
either
grant
deny
pending
application
federal
constitution
preclude
city
giving
vague
ambiguous
directions
officials
authorized
make
investigations
recommendations
constitutional
objection
ordinance
merely
required
administrative
official
review
relevant
information
make
investigation
deems
appropriate
formulating
recommendation
judgment
appeals
therefore
incorrect
insofar
held
directive
chief
police
unconstitutionally
vague
ii
appeals
stated
conclusion
age
requirement
ordinance
invalid
rested
interpretation
texas
constitution
well
federal
constitution
hold
seventeen
year
old
age
requirement
violates
texas
constitutional
guarantees
due
process
law
application
age
requirement
amusement
centers
violates
federal
texas
constitutional
guarantees
equal
protection
law
footnotes
omitted
jurisdiction
appeal
based
precluded
reviewing
appeals
interpretation
texas
constitution
federal
statute
provides
cases
courts
appeals
may
reviewed
following
methods
appeal
party
relying
state
statute
held
appeals
invalid
repugnant
constitution
treaties
laws
appeal
shall
preclude
review
writ
certiorari
instance
appellant
review
appeal
shall
restricted
federal
questions
presented
city
contends
however
appeals
place
independent
reliance
texas
law
merely
treated
texas
constitutional
protections
congruent
corresponding
federal
provisions
reading
appeals
opinion
correction
federal
error
automatically
result
revision
appeals
interpretation
texas
constitution
instead
providing
independent
support
judgment
texas
law
understood
appeals
dependent
reading
federal
law
although
city
contention
derives
support
appeals
greater
reliance
federal
precedents
texas
cases
nevertheless
decline
reasons
follow
decide
federal
constitutional
question
first
noteworthy
language
texas
constitutional
provision
different
arguably
significantly
broader
language
corresponding
federal
provisions
number
recent
state
decisions
demonstrate
state
entirely
free
read
state
constitution
broadly
reads
federal
constitution
reject
mode
analysis
used
favor
different
analysis
corresponding
constitutional
guarantee
see
generally
brennan
state
constitutions
protection
individual
rights
harv
rev
cases
cited
therein
learned
members
texas
bar
sit
appeals
fifth
circuit
confronts
questions
texas
law
regular
course
judicial
business
better
position
recognize
special
nuances
state
law
fact
appeals
cited
four
texas
cases
insufficient
basis
concluding
make
independent
analysis
texas
law
second
important
take
note
appeals
interpretation
texas
requirement
legislative
rationality
interpretation
seems
adopt
standard
requiring
legislative
classification
rests
upon
ground
difference
fair
substantial
relation
object
legislation
formulation
derived
opinion
royster
guano
virginia
unclear
whether
apply
royster
guano
standard
present
case
see
railroad
retirement
bd
fritz
craig
boren
therefore
surely
evident
texas
standard
federal
standard
congruent
finally
greater
importance
policy
avoiding
unnecessary
adjudication
federal
constitutional
questions
recently
noted
see
minnick
california
dept
corrections
limitation
exercise
jurisdiction
importance
institution
transcends
significance
particular
controversies
reason
hasty
decision
constitutional
question
presented
case
advanced
texas
law
provides
independent
support
appeals
judgment
need
decision
federal
issue
hand
city
correct
suggesting
appeals
interpretation
state
law
dependent
federal
analysis
advise
us
discharge
responsibilities
free
concern
may
unnecessarily
reaching
decide
novel
constitutional
question
judgment
appeals
reversed
part
case
remanded
proceedings
consistent
opinion
ordered
footnotes
section
ordinance
code
city
mesquite
provided
pertinent
part
person
desiring
obtain
license
amusement
establishment
shall
apply
city
secretary
original
five
copies
one
shall
routed
city
manager
chief
police
chief
building
inspector
city
planner
review
upon
approval
parties
payment
license
fee
city
secretary
shall
issue
license
establishment
shall
valid
one
year
shall
chief
police
shall
make
recommendation
based
upon
investigation
applicant
character
conduct
law
abiding
person
shall
consider
past
operations
convictions
felonies
crimes
involving
moral
turpitude
connections
criminal
elements
taking
consideration
attraction
establishments
tender
years
chief
building
inspector
city
planner
shall
determine
compliance
applicable
building
zoning
ordinances
city
city
manager
received
recommendations
chief
police
chief
building
inspector
city
planner
shall
review
application
together
recommendations
may
furnished
shall
approve
application
disapprove
written
notation
reasons
disapproval
upon
disapproval
applicant
may
make
corrections
noted
request
approval
request
withdrawal
refund
license
fee
give
notice
appeal
city
manager
decision
event
appeal
city
manager
decision
applicant
shall
give
written
notice
intention
appeal
within
ten
days
notice
city
manager
decision
appeal
shall
heard
city
council
within
thirty
days
date
notice
unless
later
date
agreed
upon
applicant
upon
appeal
city
council
city
manager
decision
based
upon
adverse
recommendation
chief
police
applicant
character
applicant
shall
burden
prescribed
article
show
council
good
character
law
abiding
citizen
extent
license
issued
upon
hearing
council
may
reverse
decision
city
manager
whole
part
may
affirm
decision
applicant
may
appeal
decision
district
within
thirty
days
appeal
shall
upon
substantial
evidence
rule
violation
requirements
ordinance
city
manager
may
upon
three
days
notice
licensee
revoke
license
granted
hereunder
rights
appeal
shall
exist
upon
revocation
upon
disapproval
original
application
app
juris
statement
section
provides
shall
unlawful
owner
operator
displayer
amusement
machines
allow
person
age
seventeen
years
play
operate
amusement
machine
unless
minor
accompanied
parent
legal
guardian
see
ordinance
judgment
trial
affirmed
texas
civil
appeals
texas
refused
application
writ
error
finding
reversible
error
conclusion
denial
license
supported
substantial
evidence
declining
reach
vagueness
question
section
ordinance
defined
terms
used
ordinance
quoted
supra
reenacted
without
change
section
provided
pertinent
part
connection
criminal
elements
defined
state
affairs
wherein
applicant
officer
principal
stockholder
person
substantial
interest
management
responsibility
corporation
organization
wherein
organization
applicant
directly
parent
subsidiary
affiliate
association
acquaintance
business
association
parties
convicted
felony
crime
involving
moral
turpitude
otherwise
involved
unlawful
activities
whether
convicted
extent
fencing
stolen
merchandise
illegally
obtained
funds
procuring
prostitutes
transfer
sale
narcotics
illegal
substances
made
feasible
likely
protection
tender
years
unwholesome
influences
rendered
difficult
determination
department
justice
party
member
mafia
cosa
nostro
family
party
engaged
affiliated
nationwide
crime
organization
whether
formally
informally
shall
prima
facia
evidence
far
issuance
license
hereunder
person
connections
criminal
elements
constitute
within
meaning
ordinance
criminal
elements
app
juris
statement
supp
aff
part
rev
remanded
part
see
ordinance
app
brief
appellee
becomes
apparent
case
become
moot
appeal
pending
judgment
normally
vacated
directions
dismiss
complaint
see
munsingwear
test
mootness
cases
stringent
one
mere
voluntary
cessation
allegedly
illegal
conduct
moot
case
courts
compelled
leave
defendant
free
return
old
ways
grant
see
freight
case
might
become
moot
subsequent
events
made
absolutely
clear
allegedly
wrongful
behavior
reasonably
expected
recur
course
still
open
appellees
show
remand
likelihood
violations
sufficiently
remote
make
injunctive
relief
unnecessary
matter
trial
judge
case
technically
moot
appeal
properly
taken
choice
decide
concentrated
phosphate
export
indeed
city
announced
intention
see
tr
oral
arg
appeals
summarized
relevant
authorities
follows
law
void
vagueness
persons
common
intelligence
must
necessarily
guess
meaning
differ
application
smith
goguen
quoting
connally
general
construction
see
generally
note
doctrine
rev
offense
due
process
lies
nature
consequences
vagueness
first
vague
laws
give
individuals
fair
notice
conduct
proscribed
papachristou
city
jacksonville
accord
grayned
city
rockford
second
vague
laws
limit
exercise
discretion
law
enforcement
officials
thus
engender
possiblity
arbitrary
discriminatory
enforcement
grayned
city
rockford
papachristou
city
jacksonville
third
vague
laws
defeat
intrinsic
promise
frustrate
essence
constitutional
regime
remain
government
laws
men
marbury
madison
cranch
long
laws
remain
clear
citations
abbreviated
ordinance
quoted
pertinent
part
supra
article
texas
constitution
provides
citizen
state
shall
deprived
life
liberty
property
privileges
immunities
manner
disfranchised
except
due
course
law
land
article
texas
constitution
provides
pertinent
part
free
men
form
social
compact
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rights
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judgment
disturb
rests
adequately
upon
basis
subject
examination
anomaly
contention
correct
may
review
appeals
interpretation
federal
law
cf
zacchini
broadcasting
mental
hygiene
dept
kirchner
missouri
ex
rel
southern
mayfield
minnesota
national
tea
state
tax
van
cott
section
opinion
entitled
rational
basis
appeals
twice
set
forth
test
see
first
paragraph
stated
test
requires
legislative
action
rationally
related
accomplishment
legitimate
state
purpose
cited
federal
state
decisions
support
formulation
second
paragraph
stated
test
requires
legislation
constitute
means
reasonable
arbitrary
rests
upon
ground
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legislation
quoting
decision
texas
texas
woman
university
chayklintaste
turn
quoted
reed
reed
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cited
accord
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second
formulation
test
represents
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texas
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dissenting
brethren
suggest
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statutes
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cf
mental
hygiene
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kirchner
supra
footnotes
omitted
california
state
whether
holding
based
equal
protection
clause
fourteenth
amendment
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equivalent
provisions
california
constitution
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speculate
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authorities
cited
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unable
say
degree
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california
based
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plain
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california
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minnesota
national
tea
justice
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holding
mesquite
ordinance
directing
chief
police
consider
whether
license
applicant
connections
criminal
elements
void
vagueness
like
justice
powell
however
dissent
remand
challenge
age
requirements
mesquite
ordinance
sentiment
avoid
unnecessary
constitutional
decisions
wise
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case
suspect
fifth
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appellee
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process
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protection
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texas
constitution
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constitutional
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justice
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cursory
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royster
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bar
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