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eBook details

• Title: Pierce v. City and County of Denver
• Author : Supreme Court of Florida
• Release Date : January 27, 1977
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

In Menefee v. City and County of Denver, 190 Colo. 163, 544 P.2d 382 (1976), we held that the obscenity ordinance of the City and County of Denver was unconstitutional on First Amendment grounds. Contemporaneously with the announcement of Menefee, we decided People v. Tabron, 190 Colo. 149, 544 P.2d 372 (1976) (Tabron I), which declared the Colorado obscenity statute to be unconstitutional. Section 18-7-102(1)(a), C.R.S. 1973. As a result of Menefee and Tabron I, there was temporarily neither a Denver ordinance nor a state statute regulating obscenity in Colorado. Shortly after the above cases were decided, the Denver City Council enacted a new obscenity ordinance which took effect on April 17, 1976. Two days later, the plaintiff, a book department manager at the University of Colorado at Denver bookstore, filed a complaint attacking the constitutionality of the ordinance. The trial court found the ordinance constitutionally defective and granted the plaintiff declaratory and injunctive relief. We affirm.

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