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ST. EX REL. TEUNAS v. KENOSHA COUNTY

No. 86-1425.

142 Wis.2d 498 (1988)

418 N.W.2d 833

STATE EX REL. James TEUNAS, Plaintiff-Appellant and Cross-Respondent, v. The COUNTY OF KENOSHA, a body corporate, and Frederick Ekornaas, Sheriff for Kenosha County, Defendants-Respondents and Cross-Appellants.

Supreme Court of Wisconsin.

Decided February 11, 1988.

Attorney(s) appearing for the Case

For the plaintiff-appellant and cross-respondent there was a supplement brief by James A. Walrath and Shellow, Shellow & Glynn, S.C., Milwaukee and oral argument James A. Walrath.

For the defendants-respondent and cross-appellants there was a brief in court of appeals by Michael T. Hopkins, special prosecutor, Kenosha county, and oral argument by Michael T. Hopkins.

There was a amicus curiae brief by Thomas J. Balistreri, assistant attorney general, with whom on the brief was Donald J. Hanaway, attorney general.

There was a amicus curiae brief by Phyllis M. DeCarvalho and the American Civil Liberties Union/Wisconsin Foundation, Milwaukee.

LOUIS J. CECI, J.

This case is before this court on certification from the court of appeals, pursuant to sec.(Rule) 809.61, Stats. The plaintiff-appellant, James Teunas (Teunas or appellant), appeals from a judgment of the circuit court for Kenosha county, Jerold W. Breitenbach, Circuit Judge, declaring the Kenosha County obscenity ordinance, sec. 9.10.2 of the Municipal Code of Kenosha County, to be constitutional, with the exception of subsections (2)(c) and (d...

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