Tipp-It, Inc. v. Conboy

I. PROCEDURAL HISTORY

Tipp-It, Inc., a Nebraska corporation, and Terry Tippit, the operator of the “Run Bar” (jointly referred to as “Tipp-It”), brought a declaratory judgment action pursuant to Neb. Rev. Stat. § 28-820 (Reissue 1995), seeking a judgment that certain putative works of art, namely exhibits 1 through 3, were not obscene within the definition of obscenity contained in Neb. Rev. Stat. § 28-814 (Reissue 1995). Martin J. Conboy, the Omaha City Prosecutor, filed an answer and counterclaim generally denying Tipp-It’s contentions and affirmatively alleging that the continued exhibition…