RIPPLINGER v. COLLINS

No. 87-2501.

868 F.2d 1043 (1989)

Mary Beth RIPPLINGER; David Lee; Sylvia Kammeyer; Steve Kammeyer; Robert Brown; Barbara Wodrich; Brian Heath; Darlene Schell; Barb Chew; George Wectstein; Judy Price; Ed Price; Bill Schindler; Robert S. McBride; Wayne Sharpe, Plaintiffs-Appellants, v. Thomas A. COLLINS, in his official capacity as Maricopa County Attorney, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 24, 1989.


Attorney(s) appearing for the Case

Richard J. Hertzberg, Phoenix, Ariz., for plaintiffs-appellants.

Benjamin W. Bull, Phoenix, Ariz., for defendant-appellee.

Before SCHROEDER and WIGGINS, Circuit Judges, and STEPHENS, Jr., District Judge.


WIGGINS, Circuit Judge:

Plaintiffs, Mary Beth Ripplinger and other owners of video stores, adult theatres, and bookstores, appeal the district court's grant of summary judgment in favor of Thomas Collins, the Maricopa County Attorney [hereinafter the "state" or "Collins"]. Plaintiffs seek declaratory and injunctive relief, claiming the Arizona obscenity regulation scheme is unconstitutional on its face. We affirm in part and reverse in part.

I.

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