City of Lynchburg v. Dominion Theatres, Inc.

7 S.E.2d 157, 175 Va. 35, 126 A.L.R. 1358, 1940 Va. LEXIS 143
CourtSupreme Court of Virginia
DecidedFebruary 26, 1940
DocketRecord No. 2138
StatusPublished
Cited by10 cases

This text of 7 S.E.2d 157 (City of Lynchburg v. Dominion Theatres, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Lynchburg v. Dominion Theatres, Inc., 7 S.E.2d 157, 175 Va. 35, 126 A.L.R. 1358, 1940 Va. LEXIS 143 (Va. 1940).

Opinion

Gregory, J.,

delivered the opinion of the court.

The Dominion Theatres, Inc., operators of moving picture theatres in the city of Lynchburg, secured from the owners a film known as “The Birth of a Baby” to be shown there. A permit had been issued by the Division of Motion Picture Censorship for the State of Virginia granting the right to exhibit the film. The city manager of Lynchburg with the approval of the city council notified the manager of the theatre corporation that the picture could not be publicly shown because it violated certain city ordinances which prohibited the showing of obscene and indecent pictures.

The theatre corporation filed a bill in the Corporation Court alleging that the film had been submitted to the [38]*38Division of Motion Picture Censorship, the members of which had personally examined the film, and the division, after the statutory test provided for in the Circuit Court of the city of Richmond, issued a permit for its public exhibition. An injunction was0 asked to restrain the city from interfering with the showing of the picture. A declaratory decree and other relief were also prayed for.

The city answered the bill and among other things averred that the city had the right under its charter to prohibit the exhibition of the picture if it were indecent and obscene regardless of whether it had passed the inspection of the Division of Motion Picture Censorship.

The theatre corporation moved to strike out the answer for the reason that a valid permit had been issued by the Division of Motion Picture Censorship of Virginia allowing the picture to be shown; that the State of Virginia by statute had occupied the entire field of motion picture censorship and that the city had no right to act under its charter provisions; that the powers asserted by the city were in conflict with those reserved to the State in the motion picture censorship statutes and were therefore void.

The court, after hearing argument and after painstaking consideration, attested by the able opinion filed in the case, entered an order striking out the answer and held that the theatre corporation had the right to exhibit the picture in Lynchburg. Other requests for relief prayed for in the bill of complaint were not passed upon by the court and while exception was taken to the failure of the court to grant those requests the exception has now been waived and is of no further importance.

The single question to be decided is whether the city of Lynchburg under its charter had the power to prohibit the exhibition of the film after it had been duly licensed and a permit issued therefor by the Division of Motion Picture Censorship of Virginia.

It may be assumed that under its charter the city once had the right to prohibit the public showing of a film deemed by the city to be contrary to good morals or indecent and [39]*39that the city possessed the right to censor films. But are these charter powers and ordinances enacted thereunder unaffected by the enactments of the General Assembly in 1922 and 1930 authorizing the regulation and control of motion and sound films and all matters connected therewith, and revising and codifying all the statutes relating to the censorship of motion pictures?

The pertinent statutes are now found in the 1930 Acts of Assembly, ch. 49, page 49. They need not be set out at large here. There can be no question of the power of the State of Virginia to censor moving picture films. The exercise of that power may be expressed through state statutes or it may be delegated to municipalities.

The State, acting through its General Assembly in 1922, began the exercise of its power of censorship, regulation, and control of moving picture films. (Acts 1922, ch. 257, page 434.) The title of the act is “An act to regulate motion picture films and reels; providing a system of examination, approval and regulation thereof, * * * creating the board of censors; and providing penalties for the violation of the act.” It was made unlawful to exhibit any film without first obtaining from the board of censors a valid license or permit for the film.

At first the Division of Motion Picture Censorship refused the permit for the film in question but upon appeal [40]*40to the Circuit Court of the city of Richmond, in accordance 'with the express provisions of the statute, the court directed the division to issue the permit, which was accordingly done. Upon the final issuance of the permit the rights of all parties attached just as though the permit had been issued in the first instance and no court action had been taken. In other words, the rights of the theatre corporation are in no sense weakened by the fact that the permit was issued upon the order of the circuit court.

It is essential to ascertain the legislative intent. Shaw v. of Norfolk, 167 Va. 346, 189 S. E. 335. Did the State intend by its enactments to monopolize the entire field of motion picture censorship and regulation or did it intend to share the power with the city of Lynchburg? If the legislature intended that the State alone should occupy the entire field of moving picture censorship and control, then it is perfectly apparent that the ordinances adopted under the authority of the city charter are in conflict with those statutes and void certainly to the extent of the claimed right of. the city to censor films. On the other hand, if the legislature intended that the control of the State should not be exclusive but was to be exercised concurrently with the city of Lynchburg, then under the charter powers the city could censor films.

The learned trial judge, the Honorable Aubrey E. Strode, in speaking of the legislative intent, had this to say in his illuminating opinion:

“In Shaw v. Norfolk, 167 Va. 346 [189 S. E. 335], cited for the defendants, the Court quotes with approval from McQuillin,—‘The true doctrine appears to be that, whether the city may exercise control of state offenses must be determined by the legislative intent. And such intent must also decide the manner in which the power is to be exercised, and whether such control is to be exclusive or whether it is to be exercised concurrently with that of the state.’ The title of the latest (1930) enactment of the Act in issue is illuminative of the legislative intent: ‘An Act providing for the regulation of motion and sound films, reels or rec[41]*41ords used in connection with any motion picture; providing a system of examination, approval and regulation thereof and of all matters connected therewith,’ etc.

“Applying ‘the true doctrine,’ quoted above, to the present case, and bearing in mind that after all, rules of construction are designed for the ascertainment of legislative intent and give way when that intent is manifest, it appears clear here from the title of the acts, the comprehensive language used, the evils to be remedied and the system chosen that it was intended to establish a uniform method of admeasurement of films in the respects indicated to apply throughout the State, and which when applied and met would in the judgment of the Legislature both best safeguard the people of the State against the exhibition of improper films and insure against prosecution the owners of the films who are taxed to pay for the inspections thus required and made.

“To these ends the statute is comprehensively framed. A competent Board is provided for.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Campbell County v. Royal
Supreme Court of Virginia, 2012
Blanton v. Amelia County
540 S.E.2d 869 (Supreme Court of Virginia, 2001)
City of Norfolk v. Tiny House, Inc.
281 S.E.2d 836 (Supreme Court of Virginia, 1981)
Marsh v. Gainesville-Haymarket Sanitary District
197 S.E.2d 329 (Supreme Court of Virginia, 1973)
Krauss v. City of Norfolk
197 S.E.2d 205 (Supreme Court of Virginia, 1973)
Hanbury v. Commonwealth
122 S.E.2d 911 (Supreme Court of Virginia, 1961)
Chesapeake & Potomac Telephone Co. v. City of Morgantown
107 S.E.2d 489 (West Virginia Supreme Court, 1959)
King v. County of Arlington
81 S.E.2d 587 (Supreme Court of Virginia, 1954)
Hughes Tool Co. v. Fielding
188 Misc. 947 (New York Supreme Court, 1947)

Cite This Page — Counsel Stack

Bluebook (online)
7 S.E.2d 157, 175 Va. 35, 126 A.L.R. 1358, 1940 Va. LEXIS 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-lynchburg-v-dominion-theatres-inc-va-1940.