People v. Choops

The defendant, an operator of a gasoline service station, was charged by an Inspector of the Bureau of Weights and Measures of the City of Buffalo for violating chapter VII, article V, section 92 of the Ordinances of the City of Buffalo for having a portable sign at the sidewalk advertising the price of gasoline on a sign which was approximately 3 feet wide and 5 feet tall.

Defendant moves this court to dismiss the information based on the grounds that sections 90 and 92 of the City Ordinances are invalid in that the defendant’s right to do business is being infringed upon unconstitutionally.…