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STATE v. GROETKEN

No. 90-1787.

479 N.W.2d 298 (1991)

STATE of Iowa, Appellant, v. Francis D. GROETKEN d/b/a Francis' Canteen, Appellee.

Supreme Court of Iowa.

December 24, 1991.

Attorney(s) appearing for the Case

Bonnie J. Campbell, Atty. Gen., Roxann M. Ryan, Asst. Atty. Gen., Thomas S. Mullin, County Atty., and Clinton L. Spurrier, Asst. County Atty., for appellant.

William A. Shuminsky and Timothy W. Shuminsky of Shuminsky, Shuminsky & Molstad, Sioux City, for appellee.

Barbara M. Mack of Davis, Hockenberg, Wine, Brown, Koehn & Shors, P.C., for amicus curiae Iowa Civil Liberties Union.

Considered by McGIVERIN, C.J., HARRIS, CARTER, NEUMAN, and ANDREASEN, JJ.

ANDREASEN, Justice.

In January 1989, we stated there "was a gaping void in Iowa's adult pornography statute." State v. Applause Video, Inc., 434 N.W.2d 864 (Iowa 1989). We held Iowa Code section 728.4 (1987) prohibited the sale of hard-core pornography, but did not prohibit the rental of hard-core pornography. Id. This void was closed by the legislature in May of 1989. In apparent response to our refusal to extend...

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