This section contains the nature of the case and procedural background.

D has a gasoline filling station in the old section of New Orleans called the Vieux Carre. P was prosecuted in the recorder's court on a charge of violating a municipal ordinance, by displaying on his premises a large advertising sign without the permission of the Vieux Carre Commission and contrary to a local ordinance. D demurrered on the ground that the ordinance, if applied to his place of business, would be arbitrary unreasonable and oppressive, and would deprive him of his property without due process of law, and deny to him the equal protection of the laws. D claimed that the only purpose of ordinance was to enable the municipal council to preserve for the public the architectural and historical worth of the ancient buildings in the Vieux Carre, and that his place of business, being a modern structure, having no architectural or historical worth, is not subject to the provisions of the constitutional amendment. The court dismissed P’s prosecution. P appealed.

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