Cronin v. Adams

Background

A liquor saloon owner sued city officers to stop enforcement of two Denver ordinance sections that bar women from certain wine rooms and forbid employing women to wait on or solicit drinks in or adjacent to saloons. A lower federal court first issued and made permanent an injunction against enforcement. The state supreme court then reversed that decree, and the case reached the United States Supreme Court for review.

Reasoning

The courts treated the retail sale of intoxicating liquor as a licensed privilege, not a guaranteed right. The state supreme court concluded, and the United States Supreme Court affirmed, that Denver’s charter gives the city power to prohibit, regulate, tax, or condition the liquor business. Those conditions may include who may be in or work in certain parts of a saloon. The opinion explained this authority as the state’s power to regulate for public safety and morals (often called the “police power”), and noted that accepting a liquor license means accepting imposed conditions. The Court also observed the plaintiff was not a woman and thus could not assert grievances belonging to others.

Real world impact

The decision leaves Denver free to enforce bans and employment rules tied to liquor licenses. Business owners who sell liquor must accept license conditions set by the city or face loss of the privilege to sell. Because the ruling affirms state and local authority over liquor licensing, similar city regulations can be upheld elsewhere under like laws.