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STATE EX REL. WAYNE CTY. PROSECUTOR v. DIVERSIFIED THEATRICAL CORP.

Docket Nos. 56964, 56965, (Calendar No. 3).

396 Mich. 244 (1976)

240 N.W.2d 460

STATE ex rel WAYNE COUNTY PROSECUTOR v. DIVERSIFIED THEATRICAL CORPORATION

Supreme Court of Michigan.

Decided April 1, 1976.

Attorney(s) appearing for the Case

William L. Cahalan, Prosecuting Attorney, Theodore Stephens, Chief, Civil Department, and Stephanie Masis and Rheo C. Marchand, Assistants Prosecuting Attorney, for plaintiff.

Stephen M. Taylor and Fleishman, McDaniel, Brown & Weston, P.C., for defendants.

Amicus Curiae: Kermit G. Bailer, Corporation Counsel, and Maureen P. Reilly and John E. Cross, Assistants Corporation Counsel, for City of Detroit.

LEVIN, J.

The question is whether a statute which provides that a place of lewdness, assignation or prostitution is a public nuisance1 can properly be applied to motion picture theatres that show films found to be obscene under state and Federal constitutional standards.2

We assume, without deciding, that the films are obscene.3

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