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REICHENBERGER v. WARREN

No. 70-C-143.

319 F.Supp. 1237 (1970)

Alfonse REICHENBERGER, Thomas Reichenberger, Lucille Francine Chicase, a/k/a Lola Montez, Plaintiffs, v. Robert WARREN, James Boll, Wilbur Emery, Herman Thomas, David Prisk, as individuals, and in their official capacities as Attorney General, District Attorney, Police Chief, Police Inspector, Police Officer, respectively, Defendants.

United States District Court, W. D. Wisconsin.

November 24, 1970.

Attorney(s) appearing for the Case

David Loeffler, Milwaukee, Wis., for plaintiffs.

Jeffrey B. Bartell, Asst. Atty. Gen., Madison, Wis., for defendants.

JAMES E. DOYLE, District Judge.

OPINION AND ORDER

Plaintiffs challenge the constitutionality of Section 944.20(2), Wis.Stat., which provides:

944.20 Lewd and lascivious behavior

Whoever does any of the following may be fined not more than $500 or imprisoned not more than one year in county jail or both: * * * * * * (2) Publicly and indecently exposes a sex organ. * * *

Plaintiffs allege in their complaint...

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