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VIDEO SOFTWARE DEALERS v. CITY OF OKLAHOMA CITY

No. CIV-97-1150-T.

6 F.Supp.2d 1292 (1997)

VIDEO SOFTWARE DEALERS ASSOCIATION, INC., et al., Plaintiffs, The State of Oklahoma, ex rel. Oklahoma Department of Libraries, Applicant for Intervention, v. The CITY OF OKLAHOMA CITY, et al., Defendants.

United States District Court, W.D. Oklahoma.

December 24, 1997.

Attorney(s) appearing for the Case

Jon Epstein, Robert D. Nelon, Hall Estill Hardwick Gable, Golden & Nelson, Oklahoma City, OK, John T. Mitchell, Donald M. Barnes, Alan R. Malasky, Jenkins & Gilchrist, Washington, DC, Crossan R. Andersen, Video Software Dealers Association, Encino, CA, for Video Software Dealers Ass'n Inc.

Richard C. Smith, Municipal Counselor's Office, Oklahoma City, OK, for City of Oklahoma City, Sam Gonzales.

Robert E. Manchester, Stacey Haws Felkner, Susan A. Knight, Mancjester & Pignato, Oklahoma City, OK, for Sergeant French, Brett N. High, Se Kim.

John M. Jacobson, Patricia L. High, Dist. Attorney's Office, Oklahoma City, OK, for Robert Macy.

Michael A. Bamberger, Sonnenschein Nath & Rosenthal, New York City, for American Booksellers Foundation for Free Expression, Ass'n of American Publishers Inc., amicus.

ORDER

RALPH G. THOMPSON, District Judge.

Summary of Ruling

The sole question addressed in this order is whether, under applicable constitutional law, it was lawful for the motion picture in issue to have been removed completely from public access without a prior adversarial hearing.

The court concludes that constitutional law requires that, before public officials take such action, they must first provide the interested...

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