Veen

DECISION AND ORDER DENYING TEMPORARY RESTRAINING ORDER; DENYING APPLICATION FOR 3-JUDGE COURT; AND DISMISSING COMPLAINT WITH PREJUDICE

This matter came before us in a hearing on March 1, 1971, upon Plaintiff’s application for “Order for Return of All Prints of Still Photographs Taken; Temporary Restraining Order; Order to Show Cause.” Plaintiffs seek the Temporary Restraining Order to enjoin Defendants from further prosecution of two obscenity cases, Nos. 371,384 and 371,451, now pending before the Municipal Court for the Los Angeles Judicial District, County of Los Angeles, State of California. They also seek a Temporary Restraining Order against any further harassment by way of seizure, citation or arrest of Plaintiffs. These proposed Temporary Restraining Orders are to run pending the return of the Order to Show Cause why they should not be made permanent. Plaintiffs further request an order directing the return of all photographs taken on the 22nd and 27th of October, 1970, at the Vagabond Theater by the Defendants.

The Complaint, which is in two counts —one for injunctive relief and the other for declaratory relief — obviously follows an increasingly apparent trend of smut…