People v. Adult World Bookstore

Defendants (the Adult World Bookstore, Reliable Enterprises, Inc. and Ralph William Albrecht) in these consolidated appeals operate bookstores at two locations in Sacramento County. From January through July 1978, investigators from the vice unit of the Sacramento County Sheriff’s Department and the Sacramento City Police Department repeatedly visited the bookstores and observed the behavior of persons in some 39 motion picture booths located therein. In the booths, films depicting homosexual activities are shown by means of coin-operated projection systems. Each booth is continually supplied by defendants with kleenex tissues and a wastepaper basket.

On July 25, 1978, the Sacramento County District Attorney filed complaints for injunction and nuisance abatement under the Red Light Abatement Law. (Pen. Code, § 11225 et seq.) Attached to each complaint are declarations by the vice officers reporting instances of masturbation and oral copulation observed by them through openings (glory holes), in the partitions between certain of the booths. The officers further reported invitations to them from male patrons (the evidence does not suggest the presence at any time of female…