AMERICAN BOOKSELLERS ASS'N, INC. v. Webb

ORDER

SHOOB, District Judge.

This order will resolve the sole remaining issue in plaintiffs’ challenge to O.C.G.A. §§ 16-12-102 — 16-12-104 (the “Act”). By order dated September 26, 1986, the Court declared unconstitutional the Act’s display provision and the library exception. 643 F.Supp. 1546. Throughout the course of this case, plaintiffs have maintained that, if any portion of the Act is unconstitutional, the entire Act must fall. Addressing this issue in its previous order, the Court stated the following:

The Georgia legislature has ... created a general presumption of severability.…