City of Dallas v. Stanglin

490 U.S. 19, 109 S. Ct. 1591, 104 L. Ed. 2d 18, 1989 U.S. LEXIS 1751, 57 U.S.L.W. 4406
CourtSupreme Court of the United States
DecidedApril 3, 1989
Docket87-1848
StatusPublished
Cited by578 cases

This text of 490 U.S. 19 (City of Dallas v. Stanglin) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Dallas v. Stanglin, 490 U.S. 19, 109 S. Ct. 1591, 104 L. Ed. 2d 18, 1989 U.S. LEXIS 1751, 57 U.S.L.W. 4406 (1989).

Opinions

Chief Justice Rehnquist

delivered the opinion of the Court.

Petitioner city of Dallas adopted an ordinance restricting admission to certain dance halls to persons between the ages of 14 and 18. Respondent, the owner of one of these “teenage” dance halls, sued to contest the constitutional validity of the ordinance. The Texas Court of Appeals held that the ordinance violated the First Amendment right of persons between the ages of 14 and 18 to associate with persons out[21]*21side that age group. We now reverse, holding that the First Amendment secures no such right.

In 1985, in response to requests for dance halls open only to teenagers, the city of Dallas authorized the licensing of “Class E” dance halls.1 The purpose of the ordinance was to provide a place where teenagers could socialize with each other, but not be subject to the potentially detrimental influences of older teenagers and young adults. The provision of the ordinance at issue here, Dallas City Code § 14-8.1 (1985), restricts the ages of admission to Class E dance halls to persons between the ages of 14 and 18.2 This provision, as [22]*22enacted, restricted admission to those between 14 and 17, but it was subsequently amended to include 18-year-olds. Parents, guardians, law enforcement, and dance-hall personnel are excepted from the ordinance’s age restriction. The ordinance also limits the hours of operation of Class E dance halls to between 1 p.m. and midnight daily when school is not in session. § 14 — 5(d)(2).

Respondent operates the Twilight Skating Rink in Dallas and obtained a license for a Class E dance hall. He divided the floor of his roller-skating rink into two sections with moveable plastic cones or pylons. On one side of the pylons, persons between the ages of 14 and 18 dance, while on the other side, persons of all ages skate to the same music — usually soul and “funk” music played by a disc jockey. No age or hour restrictions are applicable to the skating rink. Respondent does not serve alcohol on the premises, and security personnel are present. The Twilight does not have a selective admissions policy. It charges between $3.50 and $5 per person for admission to the dance hall and between $2.50 and $5 per person for admission to the skating rink. Most of the patrons are strangers to each other, and the establishment serves as many as 1,000 customers per night.

Respondent sued in the District Court of Dallas County to enjoin enforcement of the age and hour restrictions of the ordinance. He contended that the ordinance violated substantive due process and equal protection under the United States and Texas Constitutions, and that it unconstitutionally infringed the rights of persons between the ages of 14 and 17 (now 18) to associate with persons outside that age bracket.3 The trial court upheld the ordinance, finding that it was ra[23]*23tionally related to the city’s legitimate interest in ensuring the safety and welfare of children.

The Texas Court of Appeals upheld the ordinance’s time restriction, but it struck down the age restriction. 744 S. W. 2d 165 (1987). The Court of Appeals held that the age restriction violated the First Amendment associational rights of minors. To support a restriction on the fundamental right of “social association,” the court said that “the legislative body must show a compelling interest,” and the regulation “must be accomplished by the least restrictive means.” Id., at 168. The court recognized the city’s interest in “protecting] minors from detrimental, corrupting influences,” ibid., but held that the “City’s stated purposes . . . may be achieved in ways that are less intrusive on minors’ freedom to associate,” id., at 169. The Court of Appeals stated that “[a] child’s right of association may not be abridged simply on the premise that he ‘might’ associate with those who would persuade him into bad habits,” and that “neither the activity of dancing per se, nor association of children aged fourteen through eighteen with persons of other ages in the context of dancing renders such children peculiarly vulnerable to the evils that defendant City seeks to prevent.” Ibid. We granted certiorari, 488 U. S. 815 (1988), and now reverse.

The dispositive question in this case is the level of judicial “scrutiny” to be applied to the city’s ordinance. Unless laws “create suspect classifications or impinge upon constitutionally protected rights,” San Antonio Independent School Dist. v. Rodriguez, 411 U. S. 1, 40 (1973), it need only be shown that they bear “some rational relationship to a legitimate state purpose,” id., at 44. Respondent does not contend that dance-hall patrons are a “suspect classification,” but he does urge that the ordinance in question interferes with associational rights of such patrons guaranteed by the First Amendment.

While the First Amendment does not in terms protect a “right of association,” our cases have recognized that it em[24]*24braces such a right in certain circumstances. In Roberts v. United States Jaycees, 468 U. S. 609 (1984), we noted two different sorts of “freedom of association” that are protected by the United States Constitution:

“Our decisions have referred to constitutionally protected ‘freedom of association’ in two distinct senses. In one line of decisions, the Court has concluded that choices to enter into and maintain certain intimate human relationships must be secured against undue intrusion by the State because of the role of such relationships in safeguarding the individual freedom that is central to our constitutional scheme. In this respect, freedom of association receives protection as a fundamental element of personal liberty. In another set of decisions, the Court has recognized a right to associate for the purpose of engaging in those activities protected by the First Amendment — speech, assembly, petition for the redress of grievances, and the exercise of religion.” Id., at 617-618.

It is clear beyond cavil that dance-hall patrons, who may number 1,000 on any given night, are not engaged in the sort of “intimate human relationships” referred to in Roberts. The Texas Court of Appeals, however, thought that such patrons were engaged in a form of expressive activity that was protected by the First Amendment. We disagree.

The Dallas ordinance restricts attendance at Class E dance halls to minors between the ages of 14 and 18 and certain excepted adults. It thus limits the minors’ ability to dance with adults who may not attend, and it limits the opportunity of such adults to dance with minors. These opportunities might be described as “associational” in common parlance, but they simply do not involve the sort of expressive association that the First Amendment has been held to protect. The hundreds of teenagers who congregate each night at this particular dance hall are not members of any organized association; they are patrons of the same business establishment. [25]*25Most are strangers to one another, and the dance hall admits all who are willing to pay the admission fee.

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Cite This Page — Counsel Stack

Bluebook (online)
490 U.S. 19, 109 S. Ct. 1591, 104 L. Ed. 2d 18, 1989 U.S. LEXIS 1751, 57 U.S.L.W. 4406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-dallas-v-stanglin-scotus-1989.