State ex rel. DeCarlo v. Tomkat, Inc.

This appeal is from a judgment of the Circuit Court of Jefferson County, denying the injunctive relief prayed for by appellant, District Attorney John Paul DeCarlo.1 We affirm.

*578DeCarlo initiated this action on December 22, 1983, against Tomkat, Inc., which owns and operates a theater at 9221 Todd Drive in Birmingham. Several of the patrons of the theater had been arrested for lewd conduct in 1983, as a result of undercover work by members of the Birmingham Police Department. Appellant alleges that since this conduct constituted a nuisance pursuant to § 6-5-140, et seq., Code 1975 (commonly…