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CHEZ SEZ VIII, INC. v. PORITZ

297 N.J. Super. 331 (1997)

CHEZ SEZ VIII, INC., T/A UNITED VIDEO, DAVID PORTEN, T/A ADULT ENTERTAINMENT CENTER, HAMILTON AMUSEMENT CENTER, INC., T/A VIDEO EXPRESS, L.O.J., INC., T/A THE EMPORIUM, AND VITO J. FRUGGIERO, INC., T/A RED BARN 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 7, 1997.

Attorney(s) appearing for the Case

Carol Johnston, Deputy Attorney General, argued the cause for appellants (Peter Verniero, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel, Ms. Johnston, 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., 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.

The State of New Jersey appeals from the Law Division's decision that N.J.S.A. 2C:33-12.2 was an unconstitutional, content-based restriction on free speech, as well as void for vagueness, and an order permanently enjoining its enforcement. We reverse.

Chez Sez VIII, Inc., t/a United Video, David Porten, t/a Adult Entertainment Center, Hamilton...

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