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ATLANTA ATTRACTIONS, INC. v. MASSELL

Civ. A. No. 15361.

332 F.Supp. 914 (1971)

ATLANTA ATTRACTIONS, INC., a Georgia Corporation d/b/a the Buccaneer Inn, et al., Plaintiffs, v. Sam MASSELL, individually and as Mayor of the City of Atlanta, and as an ex officio member of the Police Committee of the Board of Aldermen of the City of Atlanta, et al., Defendants.

United States District Court, N. D. Georgia, Atlanta Division.

October 22, 1971.

Attorney(s) appearing for the Case

O. H. Williamson, Atlanta, Ga., for plaintiffs.

Henry L. Bowden, City Atty., John E. Dougherty, Asst. City Atty., Atlanta, Ga., for defendants.

ORDER

EDENFIELD, District Judge.

On motion for reconsideration defendants now concede that the clause in Atlanta, Ga.Code § 5-48 (1965) which states that "due cause" for the revocation of a liquor license shall consist of the violation of any state law is overbroad and unconstitutional. However, they contend the court glossed over that part of § 5-48 which states:

"`Due Cause' for the suspension or revocation of such license shall consist...

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