Gonzales A. v. Ghinger

Prescott, J., delivered the opinion of the Court. This appeal is from an order of an equity court sustaining, without leave to amend, a demurrer to a petition for mandatory injunction directing the appellees to issue to the appellant a license to conduct a public display and entertainment in the City of Baltimore, in the form of a bullfight. Attached to the petition are exhibits consisting of copies of correspondence between the appellant and City officials. From these it appears that the appellant on July 3, 1957, wrote to the Superintendent of the Bureau of Receipts, asking information regarding bullfighting in Baltimore City.

The letter was written from Cartagena, Colombia, South America. It asked that the addressee “let us know everything we have to do in order to get a license to stage bullfights in the City of Baltimore.” It stated that horses would not be used in the fight, and that the bull would not be injured or killed. Banderillas would be placed in a leather jacket worn by the bull, about 7 or 8 inches thick. The bull would “have a minute’s rest for every five he fights, and will not fight more than twenty minutes. * * * We have in mind presenting three matadors with their cuadrillas. * * * One of the matadors will be a girl, the other one a man fighting seriously, and the third one * * * will fight with a lot of mimic and showing.” This letter was referred to the City Treasurer, who replied that he had conferred with the Mayor, and “while we understand that this would be a bloodless contest, we both feel that because bullfighting has never, to our knowledge, been held in Baltimore City, it is, therefore, probably not understood by our citizens, and we must regretfully decline your application.” In reply, the appellant denied the validity and sufficiency of the reasons assigned for the refusal, and asked for reconsideration.

The City Treasurer thereupon wrote that under the law he had a right to decline any application for a license if his action were approved by the Mayor, and that the “declination still stands.” ¹³⁵ The petition for mandatory injunction alleged that the appellant had made application in proper form, that the proposed entertainment “would not only be of interest to those who might choose to see it, but would be in furtherance of international amity and understanding, and would be educational as well.” He alleged that the rejection of the application by the appellees “was not within authority lawfully granted to them by * * * Article 19, Sec. 19, of the Baltimore City Code (1950), or any other statute, ordinance or law, but was unreasonable, arbitrary and unlawful.” Section 9 of Article 19 of the City Code (1950) provides that no person shall exhibit any entertainment or show, or public exhibition for gain, without a license for that purpose from the Mayor. Section 19 provides: “Upon the approval of the Mayor, the Treasurer shall have full power and authority to refuse to grant licenses under the provisions of this Article * * *.” Implicit in these sections is the authority to grant licenses under the general power conferred upon the City by Section 6 (34) of the Charter (1949 Ed.) “To license, regulate and restrain theatrical and other public amusements.” I The appellant seeks to attack the validity of said Section 19 in