Salt Lake City v. Wheeler

(dissenting) :

I dissent. The ordinance seems crystal clear to me. The main opinion seems to fear that the police may try to inspect after business hours. If the tavern remains open after business hours, a law is being violated,1 and naturally the bartender would not want the police to make any kind of an inspection under those circumstances.

City ordinances, like state statutes, are entitled to the presumption of regularity;2 and as Justice Henriod so cogently said in Norton v. Department of Employment Security, 22 Utah 2d 24, 26, 447 P.2d 907, 908 (1968):

The presumption of constitutionality…