Musick v. Jonsson, No. 30889.

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtPER CURIAM
Citation449 F.2d 201
PartiesCharles MUSICK et al., Plaintiffs-Appellants, v. Erik JONSSON et al., Defendants-Appellees.
Docket NumberNo. 30889.
Decision Date19 November 1971

449 F.2d 201 (1971)

Charles MUSICK et al., Plaintiffs-Appellants,
v.
Erik JONSSON et al., Defendants-Appellees.

No. 30889.

United States Court of Appeals, Fifth Circuit.

September 27, 1971.

Rehearing and Rehearing Denied November 19, 1971.


449 F.2d 202

Mike Aranson, Legal Arts Center, Dallas, Tex., Mel S. Friedman, W. B. (Bernie) House, Jr., of Maley & Friedman, Houston, Tex., for plaintiffs-appellants.

Joseph G. Werner, Asst. City Atty., N. Alex Bickley, City Atty., Thomas B. Thorpe, Asst. City Atty., Dallas, Tex., for defendants-appellees.

Before COLEMAN, SIMPSON and RONEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 19, 1971.

PER CURIAM:

Plaintiffs, who are operators of "adult" movie houses in Dallas, Texas, attack the constitutionality of Sections 46-4.1, 46-4.2 and 46-4.3 of the Revised Code of Civil and Criminal Ordinances of the City of Dallas.1 The challenged

449 F.2d 203
ordinance requires owners and operators of all motion picture theaters to register with the city and to list the names of the persons in possession and control of the films shown on the premises. Non-compliance is denominated as a misdemeanor, punishable by license revocation and a $200.00 fine

Plaintiffs allege that the ordinance infringes on First Amendment freedoms and is vague and overbroad. They seek a declaration that the ordinance is unconstitutional, along with temporary and permanent injunctions prohibiting the city from enforcing it. The district court denied relief. We affirm.

There is no allegation in the complaint that any plaintiff has been prosecuted, charged or arrested under this ordinance. Plaintiffs allege only that they are "in fear of reprisals" and that the ordinance is unconstitutional on its face. This falls far short of the showing of irreparable injury required for relief in federal courts, as set forth in Boyle v. Landry, 401 U.S. 77, 91 S.Ct. 758, 27 L. Ed.2d 696 (1971) and Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971).

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

PER CURIAM:

The Petition for Rehearing is denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is denied.

Affirmed.

--------

Notes:

1 An Ordinance amending Chapter 46 of the 1960 Revised Code of Civil and Criminal Ordinances of the City of Dallas, Texas, as amended, by enacting and adding thereto Section 46-4.1 which provides for a disclosure as to the...

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3 practice notes
  • Independent Tape Merchant's Association v. Creamer, Civ. No. 72-73.
    • United States
    • United States District Courts. 3th Circuit. United States District Court of Middle District of Pennsylvania
    • July 24, 1972
    ...the normal manner. Beal v. Missouri Pacific Railroad Corp., 1941, 312 U.S. 45, 61 S.Ct. 418, 85 L.Ed. 577; Musick v. Jonsson, 5 Cir. 1971, 449 F.2d 201; Landreth v. Hopkins, N.D.Fla.1971, 331 F.Supp. 920; cf. Boyle v. Landry, Relative to plaintiff's contention that prosecution will destroy ......
  • Bykofsky v. Borough of Middletown, Civ. No. 75-74.
    • United States
    • United States District Courts. 3th Circuit. United States District Court of Middle District of Pennsylvania
    • February 18, 1975
    ...the normal manner. Beal v. Missouri Pacific Railroad Corp., 1941, 312 U.S. 45, 61 S.Ct. 418, 85 L.Ed. 577; Musick v. Jonsson, 5 Cir. 1971, 449 F.2d 201; cf. Boyle v. Landry, 1971, 401 U.S. 77, 91 S.Ct. 758, 27 L.Ed.2d The ordinance penalty to which the plaintiff parent is subject in the ins......
  • Becker v. Thompson, No. 71-1856.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • July 20, 1972
    ...at 514, 92 S.Ct. at 1759 (dissenting opinion by Powell, J.). 8 Compare Hobbs v. Thompson, supra, with Musick v. Jonsson, 5 Cir., 1971, 449 F.2d 201 and Cooley v. Endictor, 5 Cir., 1972, 458 F.2d 9 In two recent decisions involving circumstances virtually identical to those present here, the......
3 cases
  • Independent Tape Merchant's Association v. Creamer, Civ. No. 72-73.
    • United States
    • United States District Courts. 3th Circuit. United States District Court of Middle District of Pennsylvania
    • July 24, 1972
    ...the normal manner. Beal v. Missouri Pacific Railroad Corp., 1941, 312 U.S. 45, 61 S.Ct. 418, 85 L.Ed. 577; Musick v. Jonsson, 5 Cir. 1971, 449 F.2d 201; Landreth v. Hopkins, N.D.Fla.1971, 331 F.Supp. 920; cf. Boyle v. Landry, Relative to plaintiff's contention that prosecution will destroy ......
  • Bykofsky v. Borough of Middletown, Civ. No. 75-74.
    • United States
    • United States District Courts. 3th Circuit. United States District Court of Middle District of Pennsylvania
    • February 18, 1975
    ...the normal manner. Beal v. Missouri Pacific Railroad Corp., 1941, 312 U.S. 45, 61 S.Ct. 418, 85 L.Ed. 577; Musick v. Jonsson, 5 Cir. 1971, 449 F.2d 201; cf. Boyle v. Landry, 1971, 401 U.S. 77, 91 S.Ct. 758, 27 L.Ed.2d The ordinance penalty to which the plaintiff parent is subject in the ins......
  • Becker v. Thompson, No. 71-1856.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • July 20, 1972
    ...at 514, 92 S.Ct. at 1759 (dissenting opinion by Powell, J.). 8 Compare Hobbs v. Thompson, supra, with Musick v. Jonsson, 5 Cir., 1971, 449 F.2d 201 and Cooley v. Endictor, 5 Cir., 1972, 458 F.2d 9 In two recent decisions involving circumstances virtually identical to those present here, the......

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