State v. Gulf States Theatres of La., Inc., No. 11746

CourtCourt of Appeal of Louisiana (US)
Writing for the CourtHEARD
Citation255 So.2d 857
PartiesSTATE of Louisiana and Parish of Caddo, Plaintiffs-Appellees, v. GULF STATES THEATRES OF LOUISIANA, INC. et al., Defendants-appellants.
Docket NumberNo. 11746
Decision Date16 November 1971

Page 857

255 So.2d 857
STATE of Louisiana and Parish of Caddo, Plaintiffs-Appellees,
v.
GULF STATES THEATRES OF LOUISIANA, INC. et al., Defendants-appellants.
No. 11746.
Court of Appeal of Louisiana, Second Circuit.
Nov. 16, 1971.
En Banc. Rehearing Denied Jan. 4, 1972.
Writ Granted Feb. 11, 1972.

Page 858

Wilkinson, Woods, Carmody & Peatross, by Arthur R. Carmody, Jr., Shreveport, Breazeale, Sachse & Wilson, by Hopkins P. Breazeale, Jr., Baton Rouge, for defendants-appellants.

John A. Richardson, Charles R. Lindsay, Shreveport, for plaintiffs-appellees.

Before AYRES, BOLIN and HEARD, JJ.

HEARD, Judge.

This is a devolutive appeal from a judgment permanently enjoining Gulf States Theatres, Inc., Greater Broadmoor Theatres, Inc., Joseph Gianforte, and their agents and employees from showing a motion picture entitled 'The Stewardesses' at any and all locations in Caddo Parish, Louisiana.

The State of Louisiana and the Parish of Caddo obtained a temporary restraining order against the showing of this movie pursuant to LSA-R.S. 13:4711--13:4717. A rule to show cause why a final judgment of injunction should not be rendered issued at the same time as the restraining order. Evidence was taken at the hearing on the rule and judgment of permanent injunction was rendered.

Gulf States Theatres, Inc., et al are asserting in this court that the statute pursuant to which the injunction has issued is unconstitutional as applied to expression. They further assert that the statute is unconstitutional because the title is not indicative of its object. In addition to the attack on the constitutionality of the statute, Gulf States Theatres, Inc., et al assert that the movie is not obscene as that term is defined by the Supreme Court of the United States.

The Constitutionality of the Statute

In general, LSA-R.S. 13:4711 declares any structure in which assignation, prostitution, or obscenity is carried on to be a nuisance. LSA-R.S. 13:4712 provides the procedure for enjoining the nuisance. It reads as follows:

'Whenever a nuisance is carried on, conducted, continued or permitted or exists, as defined in R.S. 13:4711 through 13:4717, the district attorney in the name and on behalf of the parish and without the payment of any costs, the sheriff or

Page 859

the parish governing authority through its parish attorney or other designated representative, in the name and on behalf of the parish and without the payment of any costs, any corporation or association formed in this state for the suppression of vice, and any citizen of the parish may maintain in a court of competent jurisdiction an action to enjoin and abate the nuisance perpetually. Such action may also seek to enjoin the lessee, sublessee or other occupant or inmate from carrying on or conducting the same anywhere within this state, and may seek to enjoin the woner or the officers of any corporation which is the owner or agent of the building, structure, land or other place in or upon which or in or upon any part of which the nuisance exists, from permitting the continued existence of the nuisance. Upon the presentation of the petition for injunction alleging that the nuisance exists, verified by the affidavits of at least two persons, or verified by the affidavit of the district attorney or other parish official hereinabove designated on information and belief, the judge, during term or in vacation, shall grant a temporary injunction without bond. Such temporary injunction shall have the effect also of restraining and enjoining the removal of any personal or other movable property on the premises, and shall issue a rule nisi, returnable in five days, and a hearing shall be had thereon and judgment rendered during term or in vacation. No action shall be brought under R.S. 13:4711 through 13:4717 by any one other than the district attorney or other parish official hereinabove designated until the applicant has obtained from the judge of any district court a certificate that in the opinion of the judge the applicant is...

To continue reading

Request your trial
4 practice notes
  • State v. Gulf States Theatres of Louisiana, Inc., No. 52132
    • United States
    • Supreme Court of Louisiana
    • 29 Junio 1972
    ...Revised Statutes was declared unconstitutional. Accordingly, the judgment of the trial court was reversed and the injunction recalled. 255 So.2d 857. An act of the legislature having been declared unconstitutional, we granted certiorari upon the plaintiff's application. 257 La. 154, 260 So.......
  • Gulf States Theatres of Louisiana, Inc. v. Richardson, No. 54044
    • United States
    • Supreme Court of Louisiana
    • 3 Diciembre 1973
    ...the judicial hand is forced by the Legislature to sign a temporary restraining order.' State v. Gulf States Theatres of Louisiana, Inc., 255 So.2d 857, 860 (La.App.2nd Cir. However, even if the literal wording of the statute, 'shall', was construed as not requiring a simple ministerial act ......
  • Society to Oppose Pornography, Inc. v. Thevis, No. 5048
    • United States
    • Court of Appeal of Louisiana (US)
    • 15 Diciembre 1971
    ...suspensive appeal was denied. Because R.S. 13:4712, the key section, had been declared unconstitutional in State v. Gulf States Theatres, 255 So.2d 857 (La .App.1971), appl. for reh, pending, we granted certiorari, with Samuel, J., We uphold the constitutionality of the statute as applied i......
  • State v. Gulf States Theatres of Louisiana, No. 52132
    • United States
    • Supreme Court of Louisiana
    • 11 Febrero 1972
    ...Louisiana and the Parish of Caddo, applying for certiorari, or writ of review, to the Court of Appeal, Second Circuit, Parish of Caddo. 255 So.2d 857. It is ordered that the writ of review issue; that the Court of Appeal send up the record in duplicate of the case; and that counsel for plai......
4 cases
  • State v. Gulf States Theatres of Louisiana, Inc., No. 52132
    • United States
    • Supreme Court of Louisiana
    • 29 Junio 1972
    ...Revised Statutes was declared unconstitutional. Accordingly, the judgment of the trial court was reversed and the injunction recalled. 255 So.2d 857. An act of the legislature having been declared unconstitutional, we granted certiorari upon the plaintiff's application. 257 La. 154, 260 So.......
  • Gulf States Theatres of Louisiana, Inc. v. Richardson, No. 54044
    • United States
    • Supreme Court of Louisiana
    • 3 Diciembre 1973
    ...the judicial hand is forced by the Legislature to sign a temporary restraining order.' State v. Gulf States Theatres of Louisiana, Inc., 255 So.2d 857, 860 (La.App.2nd Cir. However, even if the literal wording of the statute, 'shall', was construed as not requiring a simple ministerial act ......
  • Society to Oppose Pornography, Inc. v. Thevis, No. 5048
    • United States
    • Court of Appeal of Louisiana (US)
    • 15 Diciembre 1971
    ...suspensive appeal was denied. Because R.S. 13:4712, the key section, had been declared unconstitutional in State v. Gulf States Theatres, 255 So.2d 857 (La .App.1971), appl. for reh, pending, we granted certiorari, with Samuel, J., We uphold the constitutionality of the statute as applied i......
  • State v. Gulf States Theatres of Louisiana, No. 52132
    • United States
    • Supreme Court of Louisiana
    • 11 Febrero 1972
    ...Louisiana and the Parish of Caddo, applying for certiorari, or writ of review, to the Court of Appeal, Second Circuit, Parish of Caddo. 255 So.2d 857. It is ordered that the writ of review issue; that the Court of Appeal send up the record in duplicate of the case; and that counsel for plai......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT