206 East 52nd Rest. Corp. v. City of New York

On January 26, 1976, members of the Police Department of the City of New York arrested two men and four women on the premises of plaintiff restaurant corporation and charged them severally with obscenity and promoting obscenity. The arrests were made without warrants. It is undisputed that immediately prior to the arrest, the four women had performed totally nude before a gathering of approximately 50 restaurant patrons in a rather small area.

This action seeks: (1) a judgment declaring that the warrantless arrests without prior judicial scrutiny of the allegedly obscene activity were…