Gilbert v. City of San Jose

Opinion

PREMO, Acting P. J.

Plaintiffs, 1 employees of a 40-table gambling establishment known as Bay 101, sued defendant City of San Jose for declaratory relief. They sought a declaration that defendant’s Gaming Control Regulatory Ordinance, which required them to be licensed, was unconstitutional because it transgressed their right of privacy. They alternatively sought a declaration that the ordinance was unenforceable because state law preempted it. The parties filed motions for summary judgment. The trial court granted defendant’s motion and denied plaintiffs’ motion. On appeal, plaintiffs…