if a party freely and without reservation submits his federal claims for decision by the state courts, litigates them there, and has them decided there, then whether or not he seeks direct review of the state decision in this Court he has elected to forego his right to the District Court. 375 U.S. at 419, 84 S.Ct. at 466-67.
(T)he same cause of action, involving both state and federal constitutional issues, was brought almost simultaneously in both state and federal courts By different members of the same class acting in concert. The state action was litigated first and the plaintiff argued both state and federal constitutional points without reservation. The decision of the state trial court was favorable to the plaintiff . . . (but) (t)he plaintiff lost in the Florida Supreme Court and now seeks a readjudication on the merits in federal district court. 418 F.2d at 485 (emphasis added).
What is sought here is a De novo adjudication of the constitutionality of a county ordinance which had been challenged by some, but not all, of the plaintiffs and upheld in prior state litigation. . . . The parties in this action who are unaffected by the prior state decisions are entitled to a determination of their constitutional rights under the ordinance, and it is their option whether to invoke the jurisdiction of the federal courts or the state courts. 425 F.2d at 1149.
Summary affirmances and dismissals for want of a substantial federal question without doubt reject the specific challenges presented in the statement of jurisdiction and do leave undisturbed the judgment appealed from. They do prevent lower courts from coming to opposite conclusions on the precise issues presented and necessarily decided by those actions. . . . The precedential significance of the summary action in (a case), however, is to be assessed in light of all the facts in that case . . . .
Since the (Dallas massage parlor) ordinance infringes on the basic right to earn a livelihood, then the statutory scheme can only be justified by a compelling governmental interest.
State legislatures are presumed to have acted within their constitutional power despite the fact that, in practice, their laws result in some inequality. A statutory discrimination will not be set aside if any state of facts reasonably may be conceived to justify it. McGowan, supra, 366 U.S. at 425-26, 81 S.Ct. at 1105.
SECTION 21. Exceptions. The provisions of this article shall not apply to hospitals, nursing homes, sanitariums, or persons holding an unrevoked certificate to practice the healing arts under the laws of the state, or persons working under the direction of any such persons or in any such establishment, nor shall this article apply to barbers, cosmetologists, physical therapists, assistant physical therapists or athletic trainers, lawfully carrying out their particular profession or business and holding a valid, unrevoked license or certificate if (sic) registration issued by the state.
All premises used by permittees hereunder shall be periodically inspected by the police chief or his authorized representative for safety of structure and adequacy of plumbing, ventilation, heating and illumination. . . . Nothing contained herein shall be construed . . . not (sic) to preclude authorized inspection thereof, whenever such inspection is deemed necessary by the police or health departments.
The reasonableness of a warrantless search, however, will depend upon the specific enforcement needs and privacy guarantees of each statute. Some of the statutes cited (by the Secretary of Labor) apply only to a single industry, where regulations might already be so pervasive that a Colonnade-Biswell exception to the warrant requirement could apply. —- U.S. at ——, 98 S.Ct. at 1825.
No criminal prosecutions are authorized for refusal to permit inspection, only the license is affected. Notice would seem to be unreasonable given the ease with which some violations could be concealed. It is a business which is being inspected and one which has a history of regulation, Annot. 17 A.L.R.2d 1183 (1951), albeit not as extensive as the liquor or firearms industries, and as a member of a regulated business, a licensee does impliedly consent to inspections at any and all reasonable times and places by obtaining a license . . . . City of Indianapolis v. Wright, 371 N.E.2d 1298, 1302 (Ind.1978).
Every person who operates a massage business or provides a massage shall at all times keep an accurate appointment book(s) in which the name, age and current address of each and every patron shall be entered, together with the date and name of the masseur providing the massage. Such registration shall be required prior to the rendering of any massage service to any patron. The appointment book shall be available during business hours for inspection, on the premises of the massage establishment, by the police chief and the director of health or their authorized representatives. The appointment book shall be kept upon the business premises throughout the permit year and for one year thereafter. A new appointment book shall be used for each permit year.
There surely was nothing unreasonable in the assumption that the patient-identification requirement might aid in the enforcement of laws designed to minimize the misuse of dangerous drugs. For the requirement could reasonably be expected to have a deterrent effect on potential violators as well as to aid in the detection and investigation of specific instances of apparent abuse. Whalen v. Roe, 429 U.S. 589, 597, 97 S.Ct. 869, 875-76, 51 L.Ed.2d 64 (1977).
Even assuming that petitioners have vicarious standing to assert potential customers' rights, it is unavailing to compare a theater, open to the public for a fee, with the private home of Stanley v. Georgia . . . and the marital bedroom of Griswold v. Connecticut, (381 U.S. 479, 85 S.Ct. 1678, 14 L.Ed.2d 510 (1965)). This Court, has, on numerous occasions, refused to hold that commercial ventures such as a motion picture house are “private” for the purpose of civil rights litigation and civil rights statutes. 413 U.S. at 65, 93 S.Ct. at 2639.
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