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CITY OF CHICAGO v. FESTIVAL THEATRE CORP.

No. 79-445.

88 Ill. App.3d 216 (1980)

410 N.E.2d 341

THE CITY OF CHICAGO, Plaintiff-Appellee, v. FESTIVAL THEATRE CORPORATION et al., Defendants-Appellants.

Appellate Court of Illinois — First District (5th Division).

Opinion filed August 29, 1980.

Attorney(s) appearing for the Case

Patrick A. Tuite, of Chicago, for appellants.

William R. Quinlan, Corporation Counsel, of Chicago (Robert R. Retke and Wayne Oesterlin, Assistant Corporation Counsel, of counsel), for appellee.

Judgment reversed.

Mr. JUSTICE LORENZ delivered the opinion of the court:

This appeal raises the issue of whether a theatrical performance, alleged to be obscene, may be enjoined as a public nuisance consistent with the first amendment freedom of speech.

Plaintiff, City of Chicago, brought an action for injunctive relief against defendants, Festival Theatre Corporation and Paul Liang, operator of the theater. According to plaintiff's complaint, defendants...

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