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MOSES v. COUNTY OF KENOSHA

No. 86-C-418.

649 F.Supp. 451 (1986)

Jim MOSES, Fred Stern, James Gaudie, Scott Gillan and Robert Burns, individually and d/b/a the Odyssey, Plaintiffs, v. The COUNTY OF KENOSHA, a body politic and corporate, the Board of Supervisors of the County of Kenosha, Angelo Capriotti, individually and as Chairman of the Board of Supervisors of the County of Kenosha, and Frederick Ekornaas, individually and as Sheriff of Kenosha County, Defendants.

United States District Court, E.D. Wisconsin.

November 21, 1986.

Attorney(s) appearing for the Case

William R. Binetti, Racine, Wis., Michael Null, Chicago, Ill., for plaintiffs.

Michael Hopkins, Milwaukee, Wis., for defendants.

DECISION AND ORDER

CURRAN, District Judge.

In January 1986, the Kenosha County Board of Supervisors created Section 9.10.2 of the Municipal Code of Kenosha County in the following form:

OBSCENITY (1) Definitions. In this section, the following words shall have the following definitions: (a) "Obscene Material" means a writing, picture, sound recording or film and "Obscene Performance" means a live exhibition before an audience...

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