CHELSEA THEATER CORP. v. CITY OF BURLINGTON

No. 2-58941.

258 N.W.2d 372 (1977)

CHELSEA THEATER CORPORATION, Appellee, v. The CITY OF BURLINGTON, Iowa, Wayne W. Hogberg, Mayor, Lowell H. Bauer, Elaine Baxter, Jack Waldhoff, De Edwin White, City Council Members, and Eugene Loose, Chief of Police, Burlington, Iowa, Appellants.

Supreme Court of Iowa.

October 19, 1977.


Attorney(s) appearing for the Case

Charles O. Garretson and Hirsch, Wright, Link & Adams, Burlington, for appellants.

Raymond Rosenberg, Des Moines, and Wittkamp & Waples, Burlington, for appellee.

Heard by MOORE, C. J., and RAWLINGS, REES, HARRIS and McCORMICK, JJ.


McCORMICK, Justice.

The question here is whether a local governmental unit has power to legislate against obscene material in Iowa. At issue is an ordinance of the City of Burlington which purports to regulate obscene materials in that community. The trial court held that § 725.9, The Code, deprives the City of authority to enact an ordinance regulating the availability of obscene materials. We affirm.

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