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THEVIS v. MOORE

No. 30142.

440 F.2d 1350 (1971)

M. G. THEVIS, Trading as Paris Book Stall, Plaintiff-Appellant, v. Jamie MOORE, In His Capacity as Chief, City of Birmingham Police Department, Birmingham, Alabama, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 5, 1971.

Attorney(s) appearing for the Case

Ferris S. Ritchey, Jr., Birmingham, Ala., Robert Eugene Smith, Towson, Md., for plaintiff-appellant.

J. M. Breckenridge, Earl McBee, Herbert Jenkins, Jr., Birmingham, Ala., for defendants-appellees.

Before CLARK, Associate Justice, and GEWIN and RONEY, Circuit Judges.

PER CURIAM:

The appellant brought this declaratory judgment action seeking to have two ordinances of the City of Birmingham, Alabama, declared unconstitutional and enjoining their further enforcement. Ordinance No. 67-2 regulating obscenity, is attacked as being vague and a prior restraint, while No. 68-59 is said to be overbroad as well as violative of due process. No claim of irreparable injury is made and a specific finding that the appellees had not acted in bad...

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