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BOSTON LICENSING BD. v. ALCOHOLIC BEVERAGES CTRL COMM.

367 Mass. 788 (1975)

328 N.E.2d 848

BOSTON LICENSING BOARD vs. ALCOHOLIC BEVERAGES CONTROL COMMISSION.

Supreme Judicial Court of Massachusetts, Suffolk.

May 21, 1975.

Attorney(s) appearing for the Case

Lawrence J. Ball, Special Assistant Corporation Counsel, for the Boston Licensing Board.

Howard S. Whitehead, Deputy Assistant Attorney General (Michael Eby, Deputy Assistant Attorney General, with him) for the Alcoholic Beverages Control Commission.

Morris M. Goldings for United Food Corporation.

Present: TAURO, C.J., QUIRICO, BRAUCHER, HENNESSEY, & KAPLAN, JJ.

BRAUCHER, J.

Following the decision in California v. LaRue, 409 U.S. 109 (1972), the Boston Licensing Board (board) promulgated rules and regulations similar to those upheld in the LaRue case, governing sexually explicit conduct in establishments licensed by the board to sell liquor. The Alcoholic Beverages Control Commission (commission) decided that the board was not...

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