City Of Chicago v. Festival Theatre Corp.

438 N.E.2d 159 (1982)

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Nature of the Case

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Facts

P filed a complaint for injunctive relief alleging that Ds presented exhibitions that consisted of live sex acts in violation of the criminal obscenity statute (Ill. Rev. Stat. 1977, ch. 38, par. 11 -- 20). The complaint petitioned for the issuance of an injunction against such performances at the theater. Plainclothes police officers paid fees of five dollars to enter the theater. On both occasions, there was a live stage show involving two women. On both occasions, the women kissed and fondled each other, and engaged in deviate sexual acts during the performances. After the performances, the women were arrested for obscenity and public indecency. The manager, Liang, was arrested for obscenity and city ordinance violations. On the second occasion, the show consisted of a man and a woman who engaged in actual or simulated intercourse and deviant acts. Both were arrested for obscenity and public indecency. Criminal proceedings were begun after the arrests, but at the time of the hearing, no dispositions had been made of them. The court found that the performances were a public nuisance. It enjoined further acts. D appealed. The appellate court considered that the city of Chicago had demonstrated that it had no adequate legal remedy. Further, the court recognized that the concept of common law nuisance enabled a court to exercise its equity powers to abate a use of premises harmful to public morals. The court held, however, that the concept of a common law public nuisance was so vague that use of it against obscenity 'transgresses the constitutional boundaries which provide that conduct regulated as obscenity must be specifically defined.' It held that the Public Nuisance Act was aimed against prostitution and not obscenity and concluded that the conduct here was not covered by the terms 'lewdness, assignation, or prostitution.' It reversed the injunction and P appealed.