GALLAGHER v. CITY OF BAYONNE


106 N.J. Super. 401 (1969)

256 A.2d 61

EDWARD P. GALLAGHER, TRADING AS THE PUB, AND ANN GUNSIOROWSKI, PLAINTIFFS-RESPONDENTS, v. CITY OF BAYONNE, A MUNICIPAL CORPORATION, AND HUGH E. GREENAN, DIRECTOR OF PUBLIC SAFETY OF THE CITY OF BAYONNE, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided July 18, 1969.


Attorney(s) appearing for the Case

Mr. James P. Dugan argued the cause for appellants.

Mr. Patrick D. Conaghan argued the cause for respondents (Messrs. Russell & Conaghan, attorneys).

Mr. Stephen Skillman, Deputy Attorney General, filed a brief amicus curiae for Division of Alcoholic Beverage Control (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

Before Judges GAULKIN, COLLESTER and LABRECQUE.


The opinion of the court was delivered by COLLESTER, J.A.D.

This is an appeal by defendants City of Bayonne and its Director of Public Safety from a judgment of the Chancery Division declaring invalid a section of the alcoholic beverage control ordinance of that city which prohibited tavern owners from allowing women to stand or sit at a public bar or to be served alcoholic beverages unless seated at a table in the licensed premises. The State Division of Alcoholic...

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