U. T. Inc. v. Brown

MEMORANDUM OF DECISION

McMILLAN, District Judge.

This case was brought under 42 U.S.C. § 1983 to challenge the constitutionality of a local ordinance [see appendix] adopted by the City of Gastonia, North Carolina, on August 16, 1977, and titled “An Ordinance of the City of Gastonia Declaring Commercial Exploitation of Obscene Material and Performances and the Indecent Rendition of Services to Be a Public Nuisance and Providing for Their Abatement in Civil and Criminal Proceedings.” Plaintiff, the owner and operator of an adult book store in Gastonia, seeks declaratory relief and an injunction…