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HARRIS BOOKS, INC. v. CITY OF SANTA FE

No. 13767.

647 P.2d 868 (1982)

98 N.M. 235

HARRIS BOOKS, INC., a New Mexico corporation, Plaintiff-Appellant, v. CITY OF SANTA FE, et al., Defendants-Appellees, v. HARRIS BOOKS, INC., a foreign corporation, Defendant-Appellant.

Supreme Court of New Mexico.

June 30, 1982.

Attorney(s) appearing for the Case

Michael E. Vigil, Jeffrey M. Libit, Albuquerque, Arthur M. Schwartz, Denver, Colo., for plaintiff-appellant.

Frank R. Coppler, Richard C. Bosson, Santa Fe, for defendants-appellees.

OPINION

PAYNE, Justice.

This case involves an attempt by the City of Santa Fe to regulate the location of adult bookstores. After careful consideration of the ordinance, we conclude that it is unconstitutionally vague and cannot be enforced.

At the outset, we emphasize the limited scope of our holding. The City proceeded on the basis that the speech involved was protected. Thus we are not, from a legal standpoint, dealing with obscenity, which is...

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