People v. Llewellyn

Today my colleagues have struck down the City of East Detroit’s obscenity ordinance,1 and in consequent effect every other comparable obscenity ordinance in the state, on the grounds that the state criminal obscenity statute2 has pre-empted that field of legislation.

If indeed the state had pre-empted the field of obscenity legislation, municipal ordinances of the East Detroit type would offend Const 1963, art 7, § 22.3 Because I am persuaded there has been no pre-emption, I respectfully dissent.

East Detroit is a "home rule city” with authority4 to adopt a city charter which may provide:

"For…