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SPOKANE ARCADES, INC. v. BROCKETT

Nos. 78-2369, 78-2520.

631 F.2d 135 (1980)

SPOKANE ARCADES, INC., a Washington Corporation; Playtime Theatres, Inc., a Washington Corporation; J-R Distributors, Inc., a Washington Corporation; and Sportland Amusement, Inc., a Washington Corporation, Plaintiffs-Appellees, v. Donald C. BROCKETT, Prosecuting Attorney, etc., Defendants-Appellants, and The Honorable Dixie Lee Ray, as Governor of the State of Washington, et al., Defendants. SPOKANE ARCADES, INC., a Washington Corporation; Playtime Theatres, Inc., a Washington Corporation; J-R Distributors, Inc., a Washington Corporation; and Sportland Amusement, Inc., etc., Plaintiffs-Appellees, v. The Honorable Dixie Lee RAY, as Governor of the State of Washington, in her representative capacity only, et al., Defendants, and Hon. Slade Gorton, as Attorney General of the State of Washington, in his representative capacity only, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 23, 1980.

Rehearing Denied December 16, 1980.

Attorney(s) appearing for the Case

Thomas F. Carr, Asst. Atty. Gen., Olympic, Wash., Donald C. Brockett, Pros. Atty., Spokane, Wash., for defendants-appellants.

Robert E. Smith, Atlanta, Ga., argued for plaintiffs-appellees; Ken Puro, Puro & Haynes, Seattle, Wash., Jack R. Burns, Hubbard & Burns, Inc., P. S., Kirkland, Wash., on brief.

Before KILKENNY and SNEED, Circuit Judges, and CALLISTER, District Judge.

SNEED, Circuit Judge:

At issue is the constitutionality of Wash. Rev.Code §§ 7.48.050-100 (West Supp.1980), a moral nuisance law, which is directed primarily at prohibiting the public sale or exhibition of obscene materials. Appellee, a Washington corporation engaged in the exhibition, sale, and distribution of sexually oriented materials, filed suit in federal district court, requesting declaratory and injunctive relief to prevent enforcement of the statute...

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