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GENUSA v. CITY OF PEORIA

No. P-CIV-79-1045.

475 F.Supp. 1199 (1979)

Frank GENUSA, Individually and d/b/a Swinger's Playmate, New Directions, Inc., an Illinois Corporation, d/b/a Swinger's World and Downtown News, William T. Thompson, Joyce Evans, Burnell Davis, Pam Gannon, Barbara Mattern, and Linda Coleman, Plaintiffs, v. CITY OF PEORIA, a Municipal Corporation, James Baken, Individually and as City Manager, Richard Carver, Individually and as Mayor of Peoria, Allen Andress, Individually, and as Superintendent of the Police Department of Peoria, Noel Hart, Individually and as Fire Commissioner of Peoria, Gary Sandburg, Individually and as Commissioner of the Department of Inspections of Peoria, Neil E. Goodenough, Individually, and as Superintendent of the Planning Department of Peoria, Mildred Arends, Individually and as City Treasurer of Peoria, Defendants.

United States District Court, C. D. Illinois, Peoria Division.

As Corrected by Order of May 30, 1979.

Attorney(s) appearing for the Case

Adam D. Bourgeois, Chicago, Ill., for plaintiffs.

Henry E. Mueller, Asst. Corp. Counsel, Peoria, Ill., for defendants.

ORDER

ACKERMAN, District Judge.

Plaintiffs, owners and employees of several adult book stores in the City of Peoria, have filed this action seeking declaratory and injunctive relief based on the alleged unconstitutionality of an ordinance commonly known as the Peoria Adult Use Ordinance. On March 9, 1979, I entered a temporary restraining order preventing arrest of any of the named plaintiffs based on the licensing portions of the Adult Use Ordinance pending...

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