The PEOPLE of the State of Colorado, ex rel. Dale TOOLEY, District Attorney, Plaintiff-Appellee,
v.
SEVEN THIRTY-FIVE EAST COLFAX, INC., a Colorado corporation, d/b/a Kitty's Pleasure Palace, Defendant-Appellant.
The PEOPLE of the State of Colorado, Plaintiff-Appellant,
v.
Gordon MIZELL, Lloyd Leatherwood, Mark Lange, Mitchell Kelloff, Louis Lawver, Douglas McClure, Marquis Ford, Modern Books of Colorado, Inc., Patty Deighton and Darrell Deighton, Defendants-Appellees.
ADULT LITERARY GUILD, INC., a Colorado corporation, d/b/a Washington Bookstore; Adult Literary Guild, Inc., a Colorado corporation, d/b/a Katy's House of Pleasure; Santana Sales, Inc., a Colorado corporation, d/b/a Adult World; Record Land Co., Inc., a Colorado corporation, d/b/a Friends and Lovers Motel; Cliff Story, d/b/a Courtesy Motel, Plaintiffs-Appellees,
v.
Paul Q. BEACOM, in his official capacity as District Attorney for the County of Adams; Bert Johnson, in his official capacity as Sheriff for the County of Adams; Ben Blake, in his official capacity as Chief of Police for the City of Aurora, Defendants-Appellants.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
February 25, 1985.
Rehearing Denied April 15, 1985.
Attorney(s) appearing for the Case
Norman S. Early, Jr., Dist. Atty., Michael Kane, Deputy Dist. Atty., Denver, for plaintiff-appellee.
Arthur M. Schwartz, P.C., Arthur M. Schwartz, Irvin Borenstein, Denver, for defendant-appellant.
L. Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Joel W. Cantrick, Sol. Gen., John Milton Hutchins, Asst. Atty. Gen., Denver, for amicus curiae, Colorado Atty. Gen.
Robert L. Russel, Dist. Atty., Daniel C. Zook, Deputy Dist. Atty., Colorado Springs, for plaintiff-appellant.
Arthur M. Schwartz, P.C., Arthur M. Schwartz, Irvin Borenstein, Denver, for defendants-appellees.
Arthur M. Schwartz, P.C., Arthur M. Schwartz, Denver, for plaintiffs-appellees.
Christian M. Lind, Asst. City Atty., Brighton, Claybourne M. Douglas, Asst. City Atty., Aurora, Steven L. Bernard, Chief Trial Deputy, Brighton, for defendants-appellants.
Supreme Court of Colorado, En Banc.
NEIGHBORS, Justice.
These appeals concern the constitutionality of the Colorado obscenity statutes (the Act), sections 18-7-101 to -105, 8 C.R.S. (1984 Supp.).1 Although each of the three cases arises from a distinct fact pattern and in a different procedural posture, we have elected to consolidate them for one opinion because each appeal involves challenges to the validity of the Act based upon the first amendment to the United States...
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