People Ex Rel. Gow v. Mitchell Brothers' Santa Ana Theater

The City Attorney of the City of Santa Ana brought an action in the name of the People against the owners and operators of the Mitchell Brothers’ Santa Ana Theater to enjoin the exhibition of a number of allegedly obscene motion pictures as a public nuisance. On plaintiffs motion, the court granted a preliminary injunction enjoining the showing of the films pending a final determination of their obscenity vel non. Defendants appeal from the order granting the preliminary injunction.

The complaint alleged that certain named feature length films and their previews being shown at the Mitchell Brothers’ Theater in Santa Ana were obscene under the Penal Code section 311 definition of “obscenity” and that the exhibition of such films constituted a public nuisance. Following the filing of the action, the People made a motion for a preliminary injunction which was heard by Judge Hamilton on October 23, 24, 25, and 26, 1978. During the course of the hearing, the judge viewed 8 of the 26 films sought to be enjoined and the parties stipulated that the rest of the films were substantially the same in nature and content as those which the judge had viewed. Among the films viewed by…