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ENGDAHL v. CITY OF KENOSHA, WISCONSIN

Civ. A. No. 70-C-372.

317 F.Supp. 1133 (1970)

Harold ENGDAHL, Patricia Engdahl, Kim Engdahl and Jill Engdahl, minors by their parents and next of friends, Harold Engdahl and Patricia Engdahl, Plaintiffs, v. CITY OF KENOSHA, WISCONSIN, Motion Picture Board of Appeals for the City of Kenosha, Wisconsin, Wallace E. Burkee, individually and as Mayor of the City of Kenosha, Fred Moeller, individually and as president of the Common Council for the City of Kenosha, Wisconsin, and ex officio member of the Motion Picture Board of Appeals, Robert Bosman, individually and as chief of police for the City of Kenosha, Wisconsin, and ex officio member of the Motion Picture Board of Appeals, their agents, assistants, successors, employees and attorneys, and all persons acting in concert or cooperation with them, Defendants.

United States District Court, E. D. Wisconsin.

September 29, 1970.

Attorney(s) appearing for the Case

Terry W. Rose, Kenosha, Wis., for plaintiffs.

Burton A. Scott, City Atty., and Michael S. Fisher, Asst. City Atty., Kenosha, Wis., for defendants.

OPINION AND ORDER

REYNOLDS, District Judge.

This case involves a constitutional challenge to Section 11.111 of the Code of General Ordinances of the City of Kenosha, Wisconsin, which appears as an appendix to this opinion. Section 11.111 prohibits persons under the age of 18 years from viewing "adult" motion pictures. Plaintiffs have commenced this action for declaratory and injunctive relief on their own behalf and on behalf of all other persons similarly...

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