State ex rel. Bigelow v. Spiegel

Citations

• 33 Ohio C.C. Dec. 595
• 22 Ohio C.C. (n.s.) 337

Syllabus

<p>MANDAMUS</p> <p>1. Ordinance Regulating Street Assemblies, Construed in Reasonable Manner.</p> <p>An ordinance pertaining to street processions and assembly in the streets must be regarded as merely regulatory, its chief purpose being to advise the city authorities when, where, and in what manner it is proposed to assemble or parade; and the action of the authorities in granting or refusing permits for such use of the streets must be reasonable, and not arbitrary or governed by whim or caprice.</p> <p>2. Mandamus to Compel Permit for Use of Streets for Public Assembly.</p> <p>When, in an action for a writ of mandamus to compel the mayor of a city to grant a permit for public meetings on the streets, evidence is adduced sustaining the allegations of the petition that the action of the mayor in refusing the permit was not based upon an exercise of discretion but was arbitrary, whimsical and actuated by bias and prejudice toward the relator or the cause advocated by him; and when the evidence furnishes no basis for fear of disturbance, or public inconvenience from the holding of such meetings and shows that permits for like meetings are freely and frequently granted to other persons and organizations, such evidence, uncontradicted, furnishes ground for the issuance of the writ.</p> <p>3. Absence of Respondent in Mandamus Construed as Admission of Truth of Grounds Alleged in Petition.</p> <p>It is always incumbent upon respondent in a mandamus action to appear in obedience to the command of the court and to show cause why a peremptory writ should not issue. And, when he fails to appear, without explanation or reason for his absence given, such absence on his part lends added proof that the complaint of relator is true and that no reasonable ground exists for denying to relator the desired permit.</p>