Giarrusso v. D'Iberville Gallery

Louisiana Court of Appeal

Giarrusso v. D'Iberville Gallery

295 So. 2d 891, 1974 La. App. LEXIS 3641

CourtLouisiana Court of Appeal

DecidedJune 6, 1974

DocketNo. 6168

StatusPublished

Cited by1 cases

This text of 295 So. 2d 891 (Giarrusso v. D'Iberville Gallery) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Giarrusso v. D'Iberville Gallery, 295 So. 2d 891, 1974 La. App. LEXIS 3641 (La. Ct. App. 1974).

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Opinions

PER CURIAM.

The owner of a building has appealed from a judgment ordering his premises closed for a period of one year, pursuant to the authority of R.S. 13:4714. The trial court found that the owner’s lessee had exhibited obscene films on part of the premises.

In Gulf States Theatres of La., Inc. v. Richardson, La., 287 So.2d 480 (1974), the Supreme Court of Louisiana declared R.S. 13 :4711-13:4717 unconstitutional insofar as those statutes attempted to regulate obscenity.

Accordingly, that portion of the judgment of the trial court which ordered the closing of 519-521 Iberville Street for one year is reversed, and judgment is rendered dismissing plaintiff’s demand for the closing of the building.

Reversed and rendered.

LEMMON, J., concurs and assigns reasons. BOUTALL, J., concurs and assigns reasons. SCHOTT, J., concurs and assigns reasons.

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