BUTLER v. TUCKER

No. 19998.

416 S.E.2d 262 (1992)

Judy BUTLER, d/b/a Butler Video, Sue Sharp and Sandra Alderman d/b/a S & S Video, Roger Groves and Miranda Groves, d/b/a Richwood Electronics, Plaintiffs Below, Appellants, v. Gregory TUCKER, Prosecuting Attorney for Nicholas County, Thomas Blankenship, Sheriff of Nicholas County, Garry Evans, Chief of Police for the City of Summersville, et al., Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided April 2, 1992.

Rehearing Denied May 13, 1992.


Attorney(s) appearing for the Case

Larry E. Losch, Summersville, for appellants.

Harley E. Stollings, Breckinridge, Davis, Null & Sproles, Summersville, for appellees.


BROTHERTON, Justice:

The appellants, Judy Butler, et al., challenge the constitutionality of an anti-pornography ordinance restricting the sale and display of obscene materials which was adopted by the Nicholas County Commission on November 9, 1989, pursuant to W.Va.Code § 7-1-4.

This test of the ordinance was initiated on February 5, 1990, when Ellis Frank Hartless and Phillip Light rented an X-rated videotape entitled "Stolen Kisses" from Butler Video...

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