City of Springfield v. Hall

The defendant was convicted of operating a movie theater without a license, a violation of the Springfield City Code, section 42A.2, and fined $25. On appeal he argues that the City’s theater license ordinance, chapter 42A of the City Code, is unconstitutional. The City concedes the unconstitutionality of certain sections in the ordinance but believes that they are severable and that 42A.2 is valid by itself. The admittedly unconstitutional portions are section 42A.4(4) and (5), which require an applicant to reveal to the licensing authority whether a previous license issued to him has been…