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PEOPLE v. SEQUOIA BOOKS, INC.

No. 66503.

127 Ill.2d 271 (1989)

537 N.E.2d 302

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. SEQUOIA BOOKS, INC., et al., Appellees.

Supreme Court of Illinois.

Opinion filed March 22, 1989.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield, and Dallas C. Ingemunson, State's Attorney, of Yorkville (Kenneth R. Boyle, William L. Browers and Marshall M. Stevens, of the State's Attorneys Appellate Prosecutor, of Elgin, of counsel), for the People.

J. Steven Beckett and Glenn A. Stanko, of Reno, O'Byrne & Kepley, P.C., of Champaign, for appellee.

Judgment of the appellate court affirmed as modified; judgment of the circuit court reversed.

JUSTICE CLARK delivered the opinion of the court:

The precise question presented upon this appeal is whether the State may, consistent with the first amendment, enjoin persons who have sold obscene books out of a building from using that building for any purpose during a specified period of time unless they first post a bond forfeitable upon the renewed sale of obscene...

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