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SEQUOIA BOOKS, INC. v. INGEMUNSON

No. 89-2542.

901 F.2d 630 (1990)

SEQUOIA BOOKS, INC., Plaintiff-Appellant, v. Dallas INGEMUNSON, in his capacity as State's Attorney of Kendall County, Illinois, and Kendall County, Illinois, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 7, 1990.

Rehearing and Rehearing Denied June 12, 1990.

Attorney(s) appearing for the Case

Jeffrey B. Steinback, Genson, Steinback & Gillespie, Chicago, Ill., and J. Steven Beckett, Champaign, Ill., for plaintiff-appellant.

Charles E. Hervas, Phillip A. Luetkehans, James G. Sotos, James R. Schirott, Michael W. Condon, Schirott & Associates, Itasca, Ill., Jack Donatelli, Asst. Atty. Gen., Office of the Atty. Gen., Crim. Appeals Div., Chicago, Ill., and James E. Ryan, State's Atty., Office of the State's Atty. of Dupage County, Wheaton, Ill., for defendants-appellees and Dupage County, amicus curiae.

Before CUMMINGS, POSNER and MANION, Circuit Judges.

Rehearing and Rehearing In Banc Denied June 12, 1990.

CUMMINGS, Circuit Judge.

Sequoia Books, Inc. ("Sequoia") owns and operates a bookstore on U.S. Route 30 in Kendall County, Illinois, where sexually oriented material is sold. Sequoia claims that provisions within the Illinois obscenity statute, which allow forfeiture of property derived from or used to commit obscenity offenses, are facially unconstitutional. Sequoia filed suit in federal district court...

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