Doe v. City of Buffalo
Opinion of the Court
Judgment unanimously reversed, without costs, and judgment entered in favor of defendants in accordance with the following memorandum: An amendment to the Buffalo City Ordinances requires all movie theatre operators to file a certificate of registration, specifying the name and address of the owner of the building, the name and address of the owner of the business, and the names and addresses of the officers of the business, if any. A failure to register as required will result in revocation of all other licenses issued to the business (Buffalo City Ordinances, ch 7, §31). The plaintiff, using the fictitious name of John Doe, commenced the instaiit declaratory judgment action, seeking to have this provision declared unconstitutional. Special Term granted the relief requested, finding that the ordinance violates plaintiff’s rights to be free from compelled disclosure, guaranteed by the Fifth and Fourteenth Amendments. Special Term reasoned that the disclosure of plaintiff’s name will facilitate criminal prosecutions against him under the obscenity statutes (Penal Law, § 235). Initially, it must be noted that the ordinance in question is regulatory in nature, designed to insure that the individuals responsible for the building and the business may be contacted and summoned to court, should the business jeopardize the health, safety and welfare of the community. It is not an unreasonable exercise of the police power for a city to desire the names and addresses of those operating businesses within its boundaries. Nor has the City of Buffalo singled out movie operators, as it has similar disclosure requirements applicable to various other businesses (see, e.g., Buffalo City Ordinances, ch 7, § 24, subd 2; § 27, subd 3; §30, subd 3; ch 5, §§47, 111, 222, 251, 284, 372, 392). Moreover, the General
Case-law data current through December 31, 2025. Source: CourtListener bulk data.