J-R DISTRIBUTORS, INC. v. EIKENBERRY

Nos. 82-3441, 82-3442 and 82-3500 through 82-3504.

725 F.2d 482 (1984)

J-R DISTRIBUTORS, INC., Plaintiff-Appellant, 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, James Sloane, in his official capacity as City Attorney for the City of Spokane, Washington, Jeffrey 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-Appellees. AZURE ENTERTAINMENT CORPORATION OF WASHINGTON, Plaintiff-Appellant, 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-Appellees. Jack R. BURNS, in his representative capacity as Executor of the Estate of Selom F. Burns, Plaintiff-Appellant, v. The Honorable Kenneth EIKENBERRY, as Attorney General of the State of Washington, in his representative capacity only, Defendant-Appellee. PLAYTIME THEATRES, INC., a Washington Corporation, Plaintiff-Appellant, 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, Norm Maleng, Prosecuting Attorney of King County in his representative capacity only, Defendants-Appellees. KUKIO BAY PROPERTIES, INC., a Washington Corporation, Plaintiff-Appellant, v. Norm MALENG, Prosecuting Attorney of King County, in his representative capacity only, Defendant-Appellee. SPOKANE ARCADES, INC., a Washington Corporation, Plaintiff-Appellant, 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-Appellees. The AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON; Madrona Publishers, Inc., Superior Publishing Company; Washington Library Association; Pacific Northwest Booksellers Association; Motion Picturers 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-Appellants, v. The Honorable Kenneth EIKENBERRY, as Attorney General of the State of Washington, in his representative capacity only, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 6, 1984.


Attorney(s) appearing for the Case

John H. Weston, David M. Brown, G. Randall Garrou, Brown, Weston & Sarno, Beverly Hills, Cal., Carl Maxey, The Maxey Law Firm, Spokane, Wash., Jack Burns, Belleveue, Wash., Charles Stixrud, James Lowe, Seattle, Wash., for plaintiffs-appellants.

Kenneth O. Eikenberry, Atty. Gen., Christine O. Gregoire, Deputy Atty. Gen., Olympia, Wash., for defendants-appellees.

Richard C. Robinson, Spokane Wash., for James C. Sloane.

David A. Saraceno, Spokane, Wash., for Donald C. Brockett.

Charles Hamilton, III, Deputy Prosecuting Atty., Seattle, Wash., for King County.

Jeffrey Sullivan, Prosecuting Atty., Yakima, Wash., for Yakima County.

Fred Andrews, City Atty., Yakima, Wash., for City of Yakima.

Robert Eugene Smith, Encino, Cal., for Playtime Theaters and Kukio Bay Properties.

Before GOODWIN, WALLACE, and REINHARDT, Circuit Judges.


REINHARDT, Circuit Judge:

Plaintiffs in these consolidated appeals challenge the constitutionality of Washington state's comprehensive anti-obscenity statute. Plaintiffs contend that various provisions of the statute are unconstitutionally overbroad or vague; that the statute's definition of obscenity varies impermissibly from that established by the Supreme Court; that the statute's penalty provisions and lack of procedural safeguards serve to chill protected first...

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