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INTERACTIVE DIGITAL SOFTWARE v. ST. LOUIS COUNTY

No. 02-3010.

329 F.3d 954 (2003)

INTERACTIVE DIGITAL SOFTWARE ASSOCIATION; Missouri Retailers Association; Video Software Dealers Association; American Amusement Machine Association; Amusement & Music Operators Association; Interactive Entertainment Merchants Association; BFC Enterprises, Inc.; J.S. Morris and Sons Novelty Company; Vending Enterprises, doing business as Midwest Enterprises, Inc.; Wonder Novelty Co., Appellants, v. ST. LOUIS COUNTY, MISSOURI; George R. Westfall, in his official capacity as County Executive of St. Louis County, Missouri; Ronald A. Battelle, in his official capacity as Chief of Police of St. Louis County, Missouri, Appellees. Thirty-Three Media Scholars; International Game Developers Association; ID Software, Incorporated; American Booksellers Foundation for Free Expression; Association of American Publishers, Incorporation; Freedom to Read Foundation; International Periodical Distributors Association; Motion Picture Association of America, Incorporated; Publishers Marketing; Recording Industry Association of America; The Thomas Jefferson Center for the Protection of Free Expression; American Civil Liberties Union, Amici on Behalf of Appellant. The Lion & Lamb Project; City of Indianapolis, Amici on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 3, 2003.

Rehearing and Rehearing Denied: July 9, 2003.

Attorney(s) appearing for the Case

Deanne E. Maynard, argued, Washington, DC (Paul M. Smith and David C. Belt, Washington, DC and Paul J. Puricelli, St. Louis, MO., on the brief), for appellant.

Michael A. Shuman, argued, Clayton, MO, for appellee.

Before BOWMAN, MORRIS SHEPPARD ARNOLD, and RILEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied: July 9, 2003*.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

This is a suit to enjoin the enforcement of St. Louis County Ordinance No. 20,193 (Oct. 26, 2000), which amends Chapter 602 of the St. Louis County Revised Ordinances by adding new sections 602.425 through 602.460. The ordinance, in relevant part, makes it unlawful for any person knowingly to sell, rent, or make available graphically violent...

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