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CITY OF PORTLAND v. JACOBSKY

496 A.2d 646 (1985)

CITY OF PORTLAND v. Anthony J. JACOBSKY et al.

Supreme Judicial Court of Maine.

Decided August 6, 1985.

Attorney(s) appearing for the Case

Mittel & Hefferan, Robert Edmond Mittel, (orally), Charles A. Lane, Portland, for plaintiff.

Longley, Whalen & Burke, E. James Burke, (orally), Lewiston, for DePaolo and Graten.

Bernstein, Shur, Sawyer & Nelson, John M.R. Paterson, (orally), Jeffrey T. Shedd, Portland, for Jacobsky, Stilphen, Discatio, Ratliff, McCarthy & Brown.

Daniel G. Lilley, E. Paul Eggert, Portland, for Campbell & Palmer.

Jeffco, May & Smart, Stephen Jeffco, Portsmouth, N.H., for Roy and Rossetti.

Before McKUSICK, C.J., and NICHOLS, VIOLETTE, WATHEN, GLASSMAN and SCOLNIK, JJ.

NICHOLS, Justice.

This appeal, testing the constitutionality of the obscenity ordinance enacted in 1982 by the Plaintiff, City of Portland, arises out of 14 Rule 80H proceedings commenced in 1983 in District Court (Portland) to collect civil penalties for violations of this ordinance from the respective Defendants, who are operators of adult bookstores, so-called, and variety stores.

When the Plaintiff City appealed from the District Court's determination...

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