City of Seattle v. Marshall

(dissenting) — For the reasons stated hereinafter, I cannot in good conscience agree with the majority opinion.

I would be the first to concede that the performance *673engaged in by appellant Marshall would, in all probability, offend the sensitivities of a majority of Seattle’s citizenry.' However, it is not a proper exercise of this court’s authority to stretch the meaning and intendment of an inapplicable ordinance to reach béhavior which citizens, or for that matter members of the court, privately or personally may feel should be proscribed. It may well be that the indicated reprehensible…