Opinion
No. 73-13.
Opinion delivered June 18, 1973
NUISANCE — SHOWING OF OBSCENE FILMS — ABATEMENT AS A PUBLIC NUISANCE. — Operation of a motion picture theater cannot be enjoined and abated as a public nuisance because of the showing of allegedly obscene films since the statutory reference to places of entertainment in violation of the statute does not include motion picture theaters. [Ark. Stat. Ann. 34-101 et seq; 41-2729; and 41-3207.]
Appeal from Pulaski Circuit Court, First Division, William J. Kirby, Judge; reversed and dismissed.
R.W. Laster, for appellants.
Jim Guy Tucker, Atty. Gen., by: Lonnie A. Powers, Asst. Atty. Gen., for appellee.
The judgment is reversed and the cause dismissed upon authority of Southland Theatres v. State, 254 Ark. 639 (1973), 495 S.W.2d 148; Southland Theatres v. State, 254 Ark. 192 (1973), 492 S.W.2d 421; Mini-Art Operating Co., Inc. v. State, 253 Ark. 364 (1972), 486 S.W.2d 8.