Legal Opinion

Boston Licensing Board v. Alcoholic Beverages Control Commission

Massachusetts Supreme Judicial Court

Decided May 21, 1975PublishedCited by 28 opinions

1Opinion of the CourtBraucher, 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 authorized to make such rules and regulations. We hold that the challenged authority exists under G. L. c. 138, § 23, 1 as amended through St. 1971, c. 477, § 3.

The board brought this bill for declaratory relief in the Superior Court, and…

2Cases cited32 opinions

  1. California v. LaRueSupreme Court of the United States · 1973
  2. Bloom v. City of WorcesterMassachusetts Supreme Judicial Court · 1973
  3. Druzik v. Board of Health of HaverhillMassachusetts Supreme Judicial Court · 1949
  4. School Committee of Springfield v. Board of EducationMassachusetts Supreme Judicial Court · 1972
  5. Crownover v. MusickCalifornia Supreme Court · 1973

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3Cited by28 opinions

  1. Attorney General v. School Committee of EssexMassachusetts Supreme Judicial Court · 1982
  2. Commonwealth v. SeesMassachusetts Supreme Judicial Court · 1978
  3. Saxon Coffee Shop, Inc. v. Boston Licensing BoardMassachusetts Supreme Judicial Court · 1980
  4. J. & J. ENTERPRISES, INC. v. MartignettiMassachusetts Supreme Judicial Court · 1976
  5. City of Revere v. AucellaMassachusetts Supreme Judicial Court · 1975

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