SPOKANE ARCADES, INC. v. EIKENBERRY

Nos. C-82-223 RJM, C-82-230 RJM, C-82-231 RJM, C-82-239 RJM, C-82-240 RJM, C-82-283 RJM and C-82-354 RJM.

544 F.Supp. 1034 (1982)

SPOKANE ARCADES, INC., a Washington corporation, Plaintiff, v. The Honorable Kenneth EIKENBERRY, as Attorney General of the State of Washington, in his representative capacity only; Donald C. Brockett, Prosecuting Attorney of Spokane County, in his representative capacity only; and James Sloane, Spokane City Attorney, in his representative capacity only, Defendants. J-R DISTRIBUTORS, INC., Plaintiff, v. Kenneth EIKENBERRY, in his official capacity as Attorney General for the State of Washington; Donald C. Brockett, in his official capacity as Prosecuting Attorney, Spokane County, State of Washington; James Sloane, in his official capacity as City Attorney for the City of Spokane, Washington; Jeffery C. Sullivan, in his official capacity as Prosecuting Attorney for the County of Yakima, State of Washington; and Fred Andrews, in his official capacity as City Attorney for the City of Yakima, Washington, Defendants. AZURE ENTERTAINMENT CORPORATION OF WASHINGTON, Plaintiff, v. Kenneth EIKENBERRY, in his official capacity as Attorney General for the State of Washington; Donald C. Brockett, in his official capacity as Prosecuting Attorney for Spokane County, State of Washington; and James Sloane, in his official capacity as City Attorney for the City of Spokane, Washington, Defendants. PLAYTIME THEATRES, INC., a Washington corporation, Plaintiff, v. The Honorable Kenneth EIKENBERRY, as Attorney General of the State of Washington, in his representative capacity only; Donald C. Brockett, Prosecuting Attorney of Spokane County, in his representative capacity only; and James Sloane, Spokane City Attorney, in his representative capacity only and Norm Maleng, Prosecuting Attorney of King County in his representative capacity only, Defendants. Jack BURNS, in his representative capacity as Executor of the Estate of Selom F. Burns, Plaintiff, v. The Honorable Kenneth EIKENBERRY, as Attorney General of the State of Washington, in his representative capacity only, Defendant. The AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON: Madrona Publishers, Inc.; Superior Publishing Company; Washington Library Association; Pacific Northwest Booksellers Association; Motion Picture Exhibitors of Washington, Alaska, and Northern Idaho; Washington State Council of Teachers of English; Washington Library Media Association; and the Community College Librarian and Media Specialists' Association of Washington, Plaintiffs, v. The Honorable Kenneth EIKENBERRY, as Attorney General of the State of Washington, in his representative capacity only, Defendant. KUKIO BAY PROPERTIES, INC., a Washington corporation, Plaintiff, v. Norm MALENG, Prosecuting Attorney of King County, in his representative capacity only, Defendant.

United States District Court, E. D. Washington.

July 2, 1982.


Attorney(s) appearing for the Case

Jack R. Burns, Hubbard, Burns & Meyer, Kirkland, Wash., Robert Eugene Smith, Encino, Cal., for plaintiff in No. C-82-223.

John H. Weston, David M. Brown, Brown, Weston & Sarno, Beverly Hills, Cal., Carl Maxey, The Maxey Law Firm, Spokane, Wash., for plaintiffs in Nos. C-82-230 and C 82-231.

Jack R. Burns, Hubbard, Burns & Meyer, Kirkland, Wash., for plaintiff in No. C-82-239.

Charles Stixrud, Seattle, Wash., Jack R. Burns, Hubbard, Burns & Meyer, Kirkland, Wash., for plaintiff in No. C-82-240.

James Lowe, Bogle & Gates, Seattle, Wash., for plaintiff in No. C-82-283.

Jack R. Burns, Hubbard, Burns & Meyer, Kirkland, Wash., for plaintiff in No. C-82-354; Robert Eugene Smith, Encino, Cal., Arthur Schwartz, Denver, Colo., of counsel.

Jeffrey C. Sullivan, Pros. Atty., Yakima, Wash., for defendant Sullivan.

Kenneth O. Eikenberry, Atty. Gen. of Wash., Christine Gregoire, Sr. Asst. Atty. Gen., Thomas F. Carr, Asst. Atty. Gen., Spokane, Wash., for defendant Eikenberry.

Donald C. Brockett, Spokane County Pros. Atty., Spokane, Wash., for defendant Brockett.

Richard C. Robinson, Asst. Corp. Counsel, Spokane, Wash., for defendant Sloane.

Charles S. Hamilton, III, Deputy Pros. Atty. Civ. Div., Seattle, Wash., for defendant Maleng.


MEMORANDUM DECISION

ROBERT J. McNICHOLS, Chief Judge.

The issue in these consolidated cases1 is the constitutionality of House Bill 626, an Act passed by the Washington Legislature regulating pornography and moral nuisances.2 Plaintiffs have asked for extraordinary relief declaring the statute unconstitutional and enjoining its enforcement. Specifically...

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