Cheek v. City of Charlotte

Plaintiffs first attack the ordinance with the assertion that it unreasonably obstructs their right to earn a livelihood by giving massage treatments, which — they say — is an ordinary and harmless occupation which defendant has no authority to regulate.

The rule is that a statute or ordinance which curtails the right of any person to engage in any occupation can be sustained as a valid exercise of the police power only if it is reasonably necessary to promote the public health, morals, order, safety, or general welfare. State v. Ballance, 229 N.C. 764, 51 S.E. 2d 731. “The legislature may…