Howe v. City of St. Louis

512 S.W.2d 127, 1974 Mo. LEXIS 508
CourtSupreme Court of Missouri
DecidedJuly 22, 1974
Docket56852
StatusPublished
Cited by10 cases

This text of 512 S.W.2d 127 (Howe v. City of St. Louis) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Howe v. City of St. Louis, 512 S.W.2d 127, 1974 Mo. LEXIS 508 (Mo. 1974).

Opinions

STOCKARD, Commissioner.

This is an appeal by plaintiffs from the judgment of the Circuit Court of the City of St. Louis in which the petitions in two consolidated cases were dismissed and in-junctive relief denied. Appellate jurisdiction is in this court because the validity of two ordinances of the City of St. Louis are challenged on constitutional grounds.

The provisions of the two ordinances, material to the issues on this appeal, are as follows:

Ordinance No. 55381, as amended.
“Section One. It shall be unlawful for any person to go in or upon any private or multiple family residence located in [certain enumerated zoning districts] to solicit or encourage the owner or owners, or occupant or occupants thereof, to sell, offer for sale, or list such property, or to move therefrom, or to solicit or encourage such action by the use of ‘flyers,’ ‘circulars,’ letters, or similar material delivered without having been requested to do so by the owner or owners or occupant or occupants of such residence.
* * * * * *
“Section Two (c)(i). Notwithstanding Section One, hereof, the Council shall on the application of any person, firm or corporation, grant such person, firm or corporation, a permit to solicit sales or listings within the area specified in the permit, if it shall find that such solicitation within the requested area will not result in, or cause a representation that any block, neighborhood or area has undergone, will or might undergo, a change with respect to the religious, social, or nationality composition of the block, neighborhood, or area which would discourage the purchase or encourage the sale of any property in a particular area because of such real or possible change.
* * * * * *
“Section Four. Nothing herein shall be deemed to prohibit any person from advertising or soliciting properties or listings in any newspaper, or radio, or television, or magazine, or from advertising through such means properties available for purchase or rental or lease.”
Ordinance 55382, as amended'.
Section One. Notwithstanding Section 740.010 and Section 740.020 [the substance of these sections is not in the record before us] it shall be unlawful for any person to place any sign on property, public or private, located in [the same zoning districts enumerated in Ordinance No. 55381] which such sign indicates that any property is such zoning district is ‘for sale,’ ‘open’ for inspection, or otherwise available for purchase, or that any property in such zoning district has been ‘sold,’ either directly by or from the owner or by or through a real estate agent or broker.
* * * * * *
“Section Two (c)(i). Notwithstanding Section One, hereof, the Council shall on [129]*129the application of any person, firm or corporation, grant such person, firm or corporation, a permit to solicit sales or listings within the area specified in the permit, if it shall find that such solicitation within the requested area will not result in, or cause a representation that any block, neighborhood or area has undergone, will or might undergo, a change with respect to the religious, social, or nationality composition of the block, neighborhood, or area, which would discourage the purchase or encourage the sale of any property in a particular area because of such real or possible change.”

The stated purpose of Ordinance 55381 is “to prohibit persons from interfering with the peaceful possession of owners and occupants of residences” in the enumerated zoning districts “by the use of certain methods to solicit or encourage such owners or occupants to sell or move from such residences.” The stated purpose of Ordinance 55382 is “to prohibit real estate ‘for sale,’ ‘open,’ and ‘sold’ signs within certain zoning districts.”

Both ordinances contain a provision for an appeal from an adverse decision, and for a review “as provided by law for the review of administrative decisions.”

In the petition challenging the validity of Ordinance 55381 the plaintiffs are nine corporations “licensed to engage in the real estate business” who seek to represent all other corporations engaged in their business as a class, and ten “individuals licensed to engage in the real estate business as brokers or agents,” who seek to represent all others engaged in the same business as a class. In the petition challenging the validity of Ordinance 55382, the plaintiffs are seven of the individuals named as plaintiffs in the other suit who are “licensed to engage in the real estate business as brokers or agents” who seek to represent all others engaged in their business as a class; the same nine corporations named as plaintiffs in the other suit, who seek to represent all others engaged in their business as a class; and four persons who sue “on behalf of themselves only” as owners of real property in the City of St. Louis.

We need not detail the evidence. It is sufficient to say that plaintiffs presented eight witnesses, seven of whom were licensed real estate brokers or agents engaged in the real estate business in the City of St. Louis. All of these persons testified that prior to the enactment of the two ordinances in the furtherance of their business they had engaged in some or all of the activities prohibited by the ordinances; that is, telephone, personal, and mail solicitations, and the placing of for sale signs on property which contained the name of the real estate company representing the owner. The evidence also was to the effect that expenditures for newspaper advertising had increased after the enactment of the ordinances, presumably because it was necessary to turn to that form of permitted advertising. The eighth witness, who was not one of the individual plaintiffs, testified that she was the owner and a former resident of property in one of the enumerated zones, and had attempted to sell her property without success. She applied by telephone for a permit to place a “for sale” sign on the property and was refused. No appeal was taken.

The trial court held: “The plaintiffs have not shown grounds for equitable or declaratory relief. Further, no violation of the plaintiffs’ constitutional rights have been shown through the enactment or enforcement of City of St. Louis Ordinance 55381 [as amended], and City of St. Louis Ordinance 55382 [as amended],” and it entered judgment dismissing plaintiffs’ petitions.

Both ordinances have as their purpose to prevent what has been termed as “blockbusting,” which has been described as a process through which individuals engaged in the real estate business stimulate and prey “on racial bigotry and fear by initiating and encouraging rumors that negroes * * * [are] about to move into a giv[130]*130en area, that all non-negroes * * * [will] leave, and that the market values of properties * * * [will] descend to ‘panic prices’ with residence in the area becoming undesirable and unsafe for non-ne-groes.” Contract Buyers League v. F. & F. Investment, 300 F.Supp. 210 (N.D.Ill.1969).

Appellants first contend that the two ordinances “abridge the individual right of free speech” as guaranteed by the Constitutions of the United States and Missouri. There can be no question but that the ordinances do abridge speech.

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

Related

Odegard Outdoor Advertising, LLC v. Board of Zoning Adjustment
6 S.W.3d 148 (Supreme Court of Missouri, 1999)
Roberts v. City of St. Joseph
637 S.W.2d 98 (Missouri Court of Appeals, 1982)
State v. Horne
622 S.W.2d 956 (Supreme Court of Missouri, 1981)
City of Cleveland Heights v. Lindsay
417 N.E.2d 1019 (Ohio Court of Appeals, 1979)
Schweig v. City of St. Louis
569 S.W.2d 215 (Missouri Court of Appeals, 1978)
City of St. Louis v. Liberman
547 S.W.2d 452 (Supreme Court of Missouri, 1977)
Mutual Auto Parks, Inc. v. Kansas City
537 S.W.2d 820 (Missouri Court of Appeals, 1976)
State Ex Rel. Jackson County v. Public Service Commission
532 S.W.2d 20 (Supreme Court of Missouri, 1976)
Howe v. City of St. Louis
512 S.W.2d 127 (Supreme Court of Missouri, 1974)

Cite This Page — Counsel Stack

Bluebook (online)
512 S.W.2d 127, 1974 Mo. LEXIS 508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howe-v-city-of-st-louis-mo-1974.