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The record shows that in and the preceding years, ABC Books annually applied for and received permits to operate its picture arcades, that is, its fully enclosed video and 8-millimeter film booths. See, Hoffman Estates v. ABC Books argues that the ordinance is impermissibly vague in violation of the 1st and 14th amendments to the U. The ordinance in no way prohibits or regulates the time or place for viewing the sexually explicit films or videos. Rock Against Racism, supra, the Supreme Court set out the appropriate standard for reviewing governmental regulations on the time, place, or manner of protected speech.. Receive free daily summaries of new opinions from the Nebraska Supreme Court. City of Rockford, U. City of Delafield, F. Justice Powell noted that "[t]he constraints of the ordinance with respect to location may indeed create economic loss for some who are engaged in this business. We find the ordinance meets both due process requirements. Consequently, when ABC Books requested permits in and , the city clerk refused to issue the permits.

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Description: Injunction is properly used for the protection of public rights, property, or welfare, whether or not such acts violate a penalty statute and whether or not they constitute a nuisance. See, also, State ex rel. Is there a connection. Supreme Court of Nebraska. Under the Lincoln Municipal Code's chapter 5. Justia Legal Resources. Finally, ABC Books argues that the ordinance suppresses free speech because it would lose money by complying with the ordinance, and as a result, its film and video operation could close. Further, the record shows that subsequent to its three convictions in , ABC Books continued to operate its picture arcades in violation of chapter 5. The ordinance in no way prohibits or regulates the time or place for viewing the sexually explicit films or videos. The relevant sections as amended by the ordinance read.
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