State ex rel. Wayne County Prosecutor v. Richmond

It would appear to be a foregone conclusion that I would dissent, since I signed the majority opinion in State ex rel Wayne County Prosecutor v Saksey’s Lounge, Inc, 71 Mich App 724; 249 NW2d 156 (1976). However, there are several basic reasons why I do not believe that State ex rel Wayne County Prosecutor v Diversified Theatrical Corp, 396 Mich 244; 240 NW2d 460 (1976), controls this case of Richmond.

The factual difference is clear. Diversified involved a theater showing obscene movies. It involved no charges of assignation or prostitution, so there was no occasion to interpret those two…