Larkin et al. v. Grendel's Den, Inc. (459 U.S. 116)
U.S. Supreme Court · decided December 13, 1982 · Supreme Court Database (Spaeth)
- Citation
- 459 U.S. 116 · 103 S. Ct. 505
- Decided
- December 13, 1982
- Term
- October Term 1982
- Vote
- 8–1
- Majority author
- Justice Burger
- Issue area
- First Amendment
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
- Constitutional ruling
- State/territorial law held unconstitutional
Opinion excerpt
Chief Justice Burger delivered the opinion of the Court. The question presented by this appeal is whether a Massachusetts statute, which vests in the governing bodies of churches and schools the power effectively to veto applications for liquor licenses within a 500-foot radius of the church or school, violates the Establishment Clause of the First Amendment or the Due Process Clause of the Fourteenth Amendment. I A Appellee operates a restaurant located in the Harvard Square area of Cambridge, Mass. The Holy Cross Armenian Catholic Parish is located adjacent to the restaurant; the back walls of the two buildings are 10 feet apart. In 1977, appellee applied to the Cambridge License Commission for approval of an alcoholic beverages license for the restaurant. Section 16C of Chapter 138 of the Massachusetts General Laws provides: “Premises . . . located within a radius of five hundred feet of a church or school shall not be licensed for the sale of alcoholic beverages if the governing body of such church or school files written objection thereto.” Holy Cross Church objected to appellee’s application, expressing concern over “having so many licenses so near” (emphasis in original). The License Commission voted to deny the application, citing only the objection of Holy Cross Church and noting that the church “is within 10 feet of the proposed location.” On appeal, the…
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