Stroh

OVERVIEW

This litigation arises from the efforts of Appellant Lifestyles Organization, Limited (“LSO”) to hold its annual Erotic Art Exhibition and Trade Show in Palm Springs, California, in 1997. According to LSO’s complaint, defendants Jay Stroh, Manuel R. Espinoza and. David E. Gill, all officials of the California Department of Alcoholic Beverage Control (“ABC”), (collectively the “Officials”) attempted to prevent LSO from holding the exhibition. They allegedly did this by threatening the Palm Springs Convention Center (the “Center”) and other businesses with sanctions — up to and including loss of their liquor licenses— if they allowed LSO to display its art on their premises. The Officials based these threats on a California law prohibiting the display of certain sexual images, whether or not legally obscene, on the premises of establishments with liquor licenses. After the federal district court issued a temporary restraining order (“TRO”) against the Officials, LSO held its event. On appeal, we must decide if LSO has standing to seek prospective and declaratory injunc-tive relief preventing the Officials from interfering with future LSO art exhibitions. We must also…