What is the test for a city's claim that its ordinance prohibits the sale and consumption of alcohol does not prevent the sale of alcohol?
MultiRegion, United States of America
The following excerpt is from Ebel v. City of Corona, 698 F.2d 390 (9th Cir. 1983):
The city's case will ultimately rest on proof of the likelihood of some harm that the ordinance was designed to prevent. At trial, the district court should make factual findings on the validity of the city's assertions of harm and then closely scrutinize the Corona ordinance's relationship to prevention of the alleged harms. Young v. American Mini Theaters, 427 U.S. at 56, n. 12, 96 S.Ct. at 2445, n. 12.
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