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HAMILTON AMUSEMENT CTR. v. PORITZ

298 N.J. Super. 230 (1997)

HAMILTON AMUSEMENT CENTER, INC., T/A VIDEO EXPRESS, L.O.J., INC., T/A THE EMPORIUM, PYNCO, INC., T/A CAMELOT BOOK STORE, AND CRESCENDO BOOK, INC., T/A CARNIVAL BOOKS, PLAINTIFFS-RESPONDENTS, v. DEBORAH PORITZ, ATTORNEY GENERAL FOR THE STATE OF NEW JERSEY, AND THE STATE OF NEW JERSEY, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 28, 1997.

Attorney(s) appearing for the Case

Larry R. Etzweiler, Senior Deputy Attorney General, argued the cause for appellants (Peter Verniero, Attorney General, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel; Mr. Etzweiler, on the brief).

Paul J. Cambria, Jr., of the New York Bar, argued the cause for respondents (Steven S. Polinsky, of the New Jersey Bar, attorney and on the brief; Mr. Cambria, Jr., Cherie L. Peterson, and Barry Nelson Covert, of the New York Bar, also on the brief).

Before Judges PETRELLA, LANDAU and KIMMELMAN.

The opinion of the court was delivered by PETRELLA, P.J.A.D.

This is an appeal by the State of New Jersey from an order permanently enjoining enforcement of N.J.S.A. 2C:34-7(c) as an unconstitutional content-based restriction on free speech or alternatively as void for vagueness.

Hamilton Amusement Center, Inc., t/a Video Express, L.O.J., Inc., t/a The Emporium, Pynco, Inc., t/a Camelot Book Store, and Crescendo Book, Inc., t/a Carnival Books (collectively...

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