79 F.2d 428 | 3rd Cir. | 1935
This is an appeal from a decree of the District Court for the District of New Jersey, declaring an ordinance of the city of New Brunswick, county of Middlesex, unconstitutional. The decree enjoins the city of New Brunswick, its board of commissioners, and other municipal officers from interfering with or preventing the appellee from conducting a barber shop business in the city of New Brunswick. The appellee at the time of the filing of the bill was a resident and citizen of the state of New York. He took a leasehold on premises in the city of New Brunswick, procured a permit from the New Jersey state depártment of health to practice as a journeyman barber, and thereupon applied to the board of commissioners of the city of New Brunswick for a license to conduct a barber shop in that city. The application was denied by the commissioners on the ground that the appellee had not been a resident of the city of New- Brunswick or the county of Middlesex for a period of one year prior to his application.
Paragraph 2, section 2, of the ordinance to regulate barber shops in the city of New Brunswick, N. J., provides: “No application for a license to conduct a barber shop, except in the case of persons now conducting barber shops in the City of New Brunswick, shall be considered unless the applicant therefor shall have been a resident of the County of Middlesex -for a period .of at least one year, immediately preceding the making of such application; and in the case of associations and corporations, unless the persons conducting such association or corporation have been residents of the County of Middlesex for a period of at least one year immediately preceding the making of such application.”
The District Court held that the ordinance was unconstitutional because in violation of -the Fourteenth Amendment of the Constitution of the United States, in that it discriminated in favor of citizens of New Jersey. It is contended by the appellant that the ordinance prescribes a reasonable regulation for the protection of the health of the community and, as
The decree of the court below is affirmed.