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STATE OF MICHIGAN
COURT OF APPEALS


JANE WILKINSON, LEE WILKINSON, PIZZA MERCHANTS, INC. and ELAINE CATT, Plaintiffs-Appellants, v CITY OF BATTLE CREEK, JEFFREY KRUITOFF, RANCE LEADERS, OFFICER DAVID TIMMER, OFFICER JEFFREY COONS, SGT. JACK SHEPPERLY, SGT. ROBERT BELOTE, and ARTHUR CARPENTER, Defendants-Appellees,

UNPUBLISHED April 30, 1999

No. 192207 Calhoun Circuit Court LC No. 93-002103 CZ

Before: Markman, P.J., and Griffin and Jansen, JJ. PER CURIAM. Plaintiffs appeal as of right from a judgment in favor of defendants entered by the trial court following a jury trial. We affirm. I This case arises out of an investigation by the Battle Creek Police Department in response to Battle Creek Enquirer newspaper articles which revealed that plaintiffs were engaged in fortune-telling for compensation, in violation of City Ordinance 660.02(10)1 and MCL 750.267 et seq.; MSA 28.478 et seq.2 On the evening of July 21, 1993, Battle Creek police officers conducted an investigation at Sambino's Restaurant, owned by plaintiff Pizza Merchants, Inc., during a time when the owners were conducting "Psychic Night" at the establishment. The police obtained the names of individuals doing fortune telling,3 collected money from those who claimed they had received money for fortune telling that evening and gave receipts for the money. As a result of this investigation, the owners of the restaurant, several fortune tellers, and their manager initiated this suit for declaratory and injunctive relief, asking that the city ordinance and the state statute be declared unconstitutional. Amended complaints were filed which added causes of action under the federal Civil Rights Act, 42 USC 1983, against the City of Battle Creek and numerous municipal employees. The city was dismissed and certain claims originally -1

raised by plaintiffs were disposed of on motions for summary disposition in advance of trial, leaving only plaintiffs'

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