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LA RUE v. STATE OF CALIFORNIA

Civ. Nos. 70-1751-F, 70-1770-F and 70-1782-F.

326 F.Supp. 348 (1971)

Robert LA RUE, dba the Buckit, et al., Plaintiffs, v. STATE OF CALIFORNIA, and Edward J. Kirby, Director of Alcoholic Beverage Control, Defendants. Don MacLEAN, dba the Scorpio, et al., Plaintiffs, v. The DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL OF the STATE OF CALIFORNIA, Defendant. Jerry D. JENNINGS, dba Sugar Shack, Erwin A. Rohm, dba Chee Chee, Raymond Rohm, dba Firehouse, Richard Carson and Robert A. Warner, dba Tuscan Room, Seemaygro, Inc., a California Corporation, dba Sarong Gals, Robert E. Poff, dba 1st King, Edward Grimes, dba the Circle, Harry J. Coleman dba Hi Dollie and Everett L. Butts, dba the Worlock, Plaintiffs, v. Edward J. KIRBY, Director of the Department of Alcoholic Beverage Control of the State of California, John J. Canney, Assistant Director of the Department of Alcoholic Beverage Control of the State of California, John A. Kelly, Orange County District Administrator of the Department of Alcoholic Beverage Control of the State of California, James F. Meehan, Long Beach District Administrator of the Department of Alcoholic Beverage Control of the State of California, Kermit Q. Greene, Crenshaw District Administrator of the Department of Alcoholic Beverage Control of the State of California, Defendants.

United States District Court, C. D. California.

April 7, 1971.

Attorney(s) appearing for the Case

Harrison W. Hertzberg, Los Angeles, Cal., for Robert LaRue, dba The Buckit and others.

Warren I. Wolfe, Donald J. Boss, Los Angeles, Cal., for Don MacLean dba The Scorpio and others.

Berrien E. Moore, Kenneth Scholtz, Gardena, Cal., for Jerry D. Jennings dba Sugar Shack and others.

Evelle J. Younger, Atty. Gen., Los Angeles, Cal., L. Stephen Porter, Deputy Atty. Gen., San Francisco, Cal., for defendants.

Before ELY, Circuit Judge, and GRAY and FERGUSON, District Judges.

MEMORANDUM OPINION

FERGUSON, District Judge:

In 1967, the California Supreme Court, in an obscenity case, declared:

"The United States Supreme Court has wisely recognized that ultimately the public taste must determine that which is offensive to it and that which is not; a public taste that is sophisticated and mature will reject the offensive and the dull; it will in its own good sense discard the tawdry, and once having done so, the tawdry will...

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