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MOSES v. KENOSHA COUNTY

No. 86-3125.

826 F.2d 708 (1987)

Jim MOSES, et al., Plaintiffs-Appellants, v. COUNTY OF KENOSHA, a body politic and corporate, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 17, 1987.

Attorney(s) appearing for the Case

Michael Null, The Law Office of Michael Null, Chicago, Ill., for plaintiffs-appellants.

Michael T. Hopkins, The Law Office of Michael T. Hopkins, Milwaukee, Wis., for defendants-appellees.

Before CUMMINGS, FLAUM, and EASTERBROOK, Circuit Judges.

PER CURIAM.

Plaintiffs are the owner, employees, and a former employee of The Odyssey, an adult bookstore in Kenosha County, Wisconsin. In January 1986 the County passed an ordinance prohibiting the sale of "obscene material", defined as "a writing, picture, sound recording or film" which:

1. The average person, applying contemporary community standards, would find appeals to prurient interests if taken as a whole; 2. Under contemporary community...

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