People Ex Rel. Carey v. Route 53 Drive-In

Defendants, Route 53 Drive-In, Jeff Kohlberg Enterprise, Kohlberg Theaters, Inc., Jeffrey M. Kohlberg, and Stanford S. Kohlberg, appeal from the entry of a preliminary injunction enjoining them from exhibiting as a public nuisance motion pictures which contain certain sexual scenes viewable from nearby highways and residences. On appeal defendants contend that the evidence was insufficient to establish the existence of a nuisance, and further, that such an injunction is an unconstitutional prior restraint of their First Amendment rights. We reverse. The pertinent facts follow.

On July 31,…