City of Spokane v. J-R Distributors, Inc.

The City of Spokane appeals from an order dismissing its action under ordinance No. C-23398 to abate a "moral nuisance" at respondent's adult bookstores. We accepted direct review and we affirm.

In August 1976, Spokane enacted ordinance No. C-23398, which declares lewd or obscene publications and films and the places where they are sold or exhibited to be "moral nuisances”. The ordinance provides specific and detailed procedures for the abatement of such nuisances in a "record court of competent jurisdiction". Because a municipal court is not a court of record under Const, art. 4, § 11, the…